In relation to the 360 Painting Telephone Listing Agreement, what is the effect on other agreements?

According to the 2025 360 Painting Franchise Disclosure Document, the Telephone Listing Agreement generally does not alter the Franchise Agreement. Specifically, the FDD states that all provisions of the Franchise Agreement, including its exhibits and schedules, remain in effect as originally outlined, except as explicitly stated otherwise within the Telephone Listing Agreement itself. This ensures that the core obligations and rights defined in the Franchise Agreement are upheld, providing a stable contractual foundation for the franchise relationship.

However, the 360 Painting FDD also clarifies that nothing in the Telephone Listing Agreement or any related agreement is intended to disclaim the representations 360 Painting made in the franchise disclosure document that 360 Painting furnished to the franchisee. This clause protects the franchisee by ensuring that the franchisor cannot use these ancillary agreements to undermine the disclosures made during the franchise sales process.

Furthermore, the Telephone Listing Agreement survives the termination of the Franchise Agreement. This means that even after the Franchise Agreement ends, the terms of the Telephone Listing Agreement remain in effect, particularly regarding the use and control of telephone listings and numbers associated with the 360 Painting business. This survival clause is important for 360 Painting to maintain brand consistency and customer reach, even after a franchise relationship concludes.