What New York law is referenced in the 360 Painting Franchise Agreement?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Sections 3.2(ix) and 17.4(iii) of the Franchise Agreement each contain a provision requiring a general release as a condition of renewal or transfer of the franchise. Such release will exclude claims arising under the General Business Law of New York State, Article 33, Sections 680 through 695, and the regulations issued thereunder.
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- No representation or acknowledgment by the Franchisee in the Franchise Agreement is intended to or shall act as a release, assignment, novation, waiver or estoppel which would relieve a person from any duty or liability imposed by Article 33, Sections 680 through 695, of the General Business Law of the State of New York and the regulations issued thereunder.
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- Each provision of this Amendment will be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the New York General Business Law, Article 33, are met independently without reference to this Amendment.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, the Franchise Agreement references the General Business Law of New York State, Article 33, Sections 680 through 695, and the regulations issued thereunder. This law is specifically addressed in the context of required general releases from franchisees.
The FDD states that any general release required as a condition of renewal or transfer of the 360 Painting franchise will exclude claims arising under the aforementioned sections of New York's General Business Law. This means that while a franchisee may be required to sign a general release to resolve any potential disputes with 360 Painting upon renewal or transfer, this release will not prevent the franchisee from pursuing claims under the specified New York law.
Furthermore, no statement or acknowledgment made by the franchisee in the Franchise Agreement is intended to act as a release or waiver that would relieve a person from any duty or liability imposed by Article 33, Sections 680 through 695, of the General Business Law of the State of New York. This provision ensures that the franchisee's rights under New York law are protected, and they cannot be inadvertently waived through standard contractual language. Each provision of the amendment to the franchise agreement is effective only to the extent that the jurisdictional requirements of the New York General Business Law, Article 33, are met independently without reference to the amendment.