Does any representation or acknowledgment by the franchisee in the 360 Painting Franchise Agreement waive their rights under Indiana law?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the 360 Painting Franchise Agreement for Indiana franchisees includes an amendment that addresses the Indiana Deceptive Franchise Practices Law and the Indiana Franchise Disclosure Law. Specifically, no representation or acknowledgment made by the franchisee within the Franchise Agreement is intended to act as a waiver of their rights or protections under these Indiana laws. This ensures that franchisees are not deprived of their rights or that any person is relieved of their liabilities under these laws. This protection is explicitly stated within the amendment to the franchise agreement.
This provision is significant for prospective 360 Painting franchisees in Indiana because it reinforces that their rights under Indiana's franchise laws are protected. The amendment ensures that franchisees cannot inadvertently waive these rights through any representation or acknowledgment made in the franchise agreement. This offers a level of security and assurance that the franchisee's legal rights are upheld, regardless of the specific terms within the broader agreement.
Furthermore, the amendment clarifies that if any part of the Franchise Agreement concerning termination, non-renewal, governing law, venue for litigation or arbitration, modification, covenants not to compete, or limitations on claim periods conflicts with Indiana's Deceptive Franchise Practices Law or Franchise Disclosure Law, then Indiana law will take precedence. This ensures that the franchisee benefits from the protections afforded by Indiana law, overriding any potentially conflicting terms in the standard franchise agreement. This is a beneficial term for the franchisee, as it prioritizes the legal protections offered by Indiana law over the standard terms of the franchise agreement.
In summary, the Indiana amendment to the 360 Painting franchise agreement is designed to protect the rights of Indiana franchisees by preventing unintentional waivers of their legal protections under Indiana franchise laws and ensuring that Indiana law prevails in cases of conflict with the standard franchise agreement terms.