What is the relationship between the 360 Painting, LLC Franchise Agreement and the Amendment described in this section?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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AMENDMENT TO 360 PAINTING, LLC FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
| 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"). |
Illinois Law Modification
The Illinois Franchise Disclosure Act requires that certain provisions contained in franchise documents, including the Franchise Agreement, be amended to be consistent with Illinois law. Therefore, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, the modification set forth below shall be controlling:
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the Amendment to the 360 Painting Franchise Agreement modifies the original agreement. The Franchise Agreement remains in effect, but the Amendment alters certain provisions, especially to comply with state-specific franchise laws. The Amendment is considered an integral part of the Franchise Agreement.
Specifically, the terms of the Amendment take precedence if there are inconsistencies between it and the original Franchise Agreement or its attachments. This ensures that the franchise operates in accordance with local regulations, which can vary significantly from state to state. The FDD includes addenda for franchisees in California, Maryland, Indiana, New York, and Virginia, indicating that these states have specific legal considerations.
For a prospective 360 Painting franchisee, this means carefully reviewing both the Franchise Agreement and any state-specific Amendments to understand their rights and obligations fully. It is essential to note which laws govern the agreement, where litigation can occur, and how non-compete clauses are limited. Furthermore, franchisees should be aware of any waivers or releases they might be asked to sign and how these interact with state franchise laws to ensure they are not unknowingly relinquishing their legal protections.