What is the relationship between the amendment and the original 360 Painting Franchise Agreement?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
| The 360 Painting, LLC Franchise Agreement between | |
|---|---|
| ("Franchisee" or "you") and 360 Painting, LLC ("Franchisor"), dated (the "Franchise Agreement") shall be amended by the addition of the following language, which should be | |
| considered an integral part of the Franchise Agreement (the "Amendment"). |
AMENDMENT TO 360 PAINTING, LLC FRANCHISE AGREEMENT FOR THE STATE OF INDIANA
("Franchisee" or "you") and 360 Painting, LLC ("Franchisor"), dated (the the Franchise Agreement (the "Amendment"). "Franchise Agreement") shall be amended by the following, which should be considered an integral part of Indiana Law Modification through 23-2-2-2.5-51, the parties to the Franchise Agreement agree as follows: In recognition of the requirements of the Indiana Deceptive Franchise Practices Law, Indiana Code §§ 23- 2-2.7-1 through 23-2-2.7-10, and the Indiana Franchise Disclosure Law, Indiana Code §§ 23-2-2-2.5-1 1. inconsistent with the terms of the Franchise Agreement.
If any of the provisions of the Franchise Agreement concerning termination and non-renewal, governing law, venue for litigation or arbitration, modification, covenants not to compete or any limitations period on the time in which claims may be brought are inconsistent with either the Indiana Deceptive Franchise Practices Law or the Indiana Franchise Disclosure Law, then such laws will apply to the extent 2.
Sections 3.2(viii) and 17.4(iii) of the Franchise Agreement each contain a provision requiring a extent inconsistent with the Indiana Deceptive Franchise Practices Law, IC § 23-2-2.7-1(5). general release as a condition to renewal or transfer of the franchise.
Each provision is inapplicable to the 3.
No representation or acknowledgment by the Franchisee in the Franchise Agreement is intended to and protections provided in the Indiana Franchise or shall act as a release, assignment, novation, waiver or estoppel to deprive the Franchisee of the rights under the Indiana Deceptive Franchise Practices Law.
Disclosure Law or to relieve any person of any liability 4.
Each of the provisions of this Amendment will be effective only to the extent, with respect to such Deceptive Franchise Practices Act are met independently without reference to this Amendment. provision, that the jurisdictional requirements of the Indiana Franchise Disclosure Law and the Indiana 5. govern.
Except as otherwise provided in this Amendment, all the other terms, covenants and agreements in the Franchise Agreement shall remain the same, and the Franchise Agreement, as amended, shall continue in full force and effect.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the amendments to the 360 Painting Franchise Agreement are considered an integral part of the original agreement. These amendments modify the original agreement, and both documents should be read together. Unless specifically changed by the amendment, the original terms, covenants, and agreements of the Franchise Agreement remain in full effect.
For franchisees in specific states like Indiana, Virginia, New York, Maryland and Washington, these amendments address state-specific legal requirements. For example, Indiana law dictates that the Franchise Agreement is governed by Indiana law, not the law of the Commonwealth of Virginia, and it limits non-competition covenants to the franchisee's protected area. Similarly, New York's General Business Law impacts the enforceability of general releases and acknowledgments within the Franchise Agreement.
In cases of conflict between the original Franchise Agreement and the amendment, the terms of the amendment will govern. This ensures that the franchise operates in compliance with local laws and regulations, providing franchisees with specific protections and rights as mandated by their state. Prospective franchisees should carefully review these amendments to understand how they alter the original agreement and what specific rights and obligations they have in their state.