What representations made by 360 Painting's franchisor in the franchise disclosure document are not disclaimed by the Telephone Listing Agreement?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT C-4 TELEPHONE LISTING AGREEMENT
Simultaneously with Franchisee's execution of this Agreement, Franchisee will execute the Internet Web Sites and Listings Agreement attached hereto as Exhibit C-3 and the Telephone Listing Agreement attached hereto as Exhibit C-4;
WHEREAS, Franchisee desires to enter into a 360 Painting, LLC Franchise Agreement (the "Franchise Agreement") to operate a 360° Painting painting, decorating and wall finishing services business (the "Business"); and
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Telephone Listing Agreement;
WHEREAS, Franchisee recognizes the value and benefits to be derived from utilizing the System and desires to own and operate a 360 Painting franchise in a manner that is consistent with, and will promote, Franchisor's standards of quality and goodwill
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided do not contain specific disclaimers within the Telephone Listing Agreement for 360 Painting. However, the document does state that the franchisor would not enter into a franchise agreement without the franchisee agreeing to the Telephone Listing Agreement. This agreement ensures compliance with its terms. The Franchise Agreement also states that upon termination of the agreement, the franchisee must assign all rights to telephone numbers, directory listings, and advertisements to 360 Painting.
Without the full Telephone Listing Agreement, it's impossible to determine exactly which representations by 360 Painting are not disclaimed. Typically, such agreements might cover aspects like the accuracy of information in telephone listings or the franchisee's responsibility for advertising content. The Franchise Agreement also mentions that the franchisee recognizes the value and benefits of the 360 Painting system and desires to operate a franchise in a manner consistent with the franchisor's standards.
To fully understand the scope of representations and disclaimers, a prospective 360 Painting franchisee should carefully review the complete Telephone Listing Agreement (Exhibit C-4) and seek clarification from the franchisor on any points of concern. It is important to understand what representations made by the franchisor are not disclaimed by the Telephone Listing Agreement.