Are the rights to any specified remedy or limitation of remedies available to an Indiana 360 Painting franchisee subject to the provisions of the Indiana Deceptive Franchise Practices Law?

According to the 2025 360 Painting Franchise Disclosure Document, the rights to any specified remedy or limitation of remedies available to an Indiana franchisee are subject to the provisions of the Indiana Deceptive Franchise Practices Law. Specifically, Sections 19.1 and 27.4 of the 360 Painting Franchise Agreement, which address the reservation of rights to any specified remedy or limitation of remedies, are governed by this Indiana law. This means that the terms outlined in those sections of the agreement must comply with the Indiana Deceptive Franchise Practices Law.

This is an important consideration for prospective 360 Painting franchisees in Indiana because it ensures that their rights and remedies are protected under Indiana law. The Indiana Deceptive Franchise Practices Law aims to prevent franchisors from imposing unfair or deceptive practices on franchisees. By subjecting the remedy and limitation of remedy provisions to this law, Indiana franchisees have additional legal safeguards.

In practical terms, this means that if there is a dispute between 360 Painting and an Indiana franchisee regarding remedies or limitations of remedies, the Indiana Deceptive Franchise Practices Law will take precedence. This could potentially invalidate or modify certain provisions in the franchise agreement that are inconsistent with Indiana law, providing the franchisee with a fairer legal standing. This addendum helps to ensure that the franchise agreement adheres to Indiana state law, offering additional protection to the franchisee.