What section of the 360 Painting Franchise Agreement addresses the choice of law?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
| | Choi ce of law | Section 27.1 | Subject to applicable state law, Virginia law applies, except | | | | | disputes over the Marks will be governed by the United States | | | | | Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sec. 1051 et | | | | | seq.). |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 46–48)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, Section 27.1 of the Franchise Agreement addresses the choice of law. This section specifies that, subject to applicable state law, Virginia law will govern the agreement.
However, there is an exception. Disputes concerning 360 Painting's trademarks will be governed by the United States Trademark Act of 1946, also known as the Lanham Act (15 U.S.C. Sec. 1051 et seq.).
This means that if a franchisee has a legal dispute with 360 Painting, the laws of Virginia will generally apply, unless the dispute involves trademark issues, in which case federal law will take precedence. Franchisees should be aware of this distinction and understand which laws will govern potential disputes.