Which state's laws govern the 360 Painting General Release?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
| This General Release is made effective this | . In consideration for the grant by |
|---|---|
| 360 Painting, LLC, a Delaware limited liability company, to the undersigned of certain rights in connection | |
| with the operation of a 360 Painting Business and/or the transfer, termination or renewal thereof, and for | |
| other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the | |
| undersigned, individually and collectively, hereby unconditionally release, discharge, and acquit | |
| Franchisor, its past and present subsidiaries and affiliates, and its and their shareholders, owners, directors, | |
| officers, managers, members, partners, employees, agents, representatives, successors and assigns, from | |
| any and all liabilities, damages, claims, demands, costs, expenses, debts, indemnities, suits, disputes, | |
| controversies, actions and causes of action of any kind whatsoever, whether known or unknown, fixed or | |
| contingent, regarding or arising out of any | prior or existing franchise relationship, development agreement, |
| franchise agreement or any other agreement executed by any of the undersigned and 360 Painting, LLC (or | |
| any subsidiary or affiliate of 360 Painting, LLC), any 360 Painting Business (whether currently or | |
| previously owned or operated by the undersigned or any of them), or any other prior or existing business | |
| relationship between any of the undersigned and 360 Painting, LLC (or any subsidiary or affiliate of 360 | |
| Painting, LLC), which the undersigned or any of them individually or collectively has asserted, may have | |
| asserted or could have asserted against 360 Painting, LLC (or any of the aforementioned related parties) at | |
| any time up to the date of this General Release, including specifically, without limitation, claims arising | |
| from contract, written or oral communications, alleged misrepresentations, and acts of negligence, whether | |
| active or passive. This General Release shall survive the assignment or termination of any of the franchise | |
| agreements or other documents entered into by and between 360 Painting, LLC and any of the undersigned. | |
| This General Release is not intended as a waiver of those rights of the undersigned which cannot be waived | |
| under applicable state franchise laws. This General Release shall be governed by and construed in | |
| accordance with the laws of the state in which Franchisor maintains its principal place of business at the | |
| time any dispute resolution proceeding is commenced by either party without regard to its conflicts of law | |
| provisions. | |
| WITNESS: | By: Name: |
| Title: , Individually , Individually |
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, the General Release is governed by the laws of the state where 360 Painting maintains its principal place of business when a dispute resolution proceeding begins.
For a prospective franchisee, this means that the laws of the state where 360 Painting's headquarters are located will dictate the interpretation and enforcement of the General Release, regardless of the franchisee's location. As the excerpt states, this is determined at "the time any dispute resolution proceeding is commenced by either party without regard to its conflicts of law provisions."
It is important for franchisees to understand the legal implications of the General Release under the laws of 360 Painting's home state, as this could impact their rights and obligations in case of a dispute. Franchisees should consult with legal counsel to fully understand the terms and implications of the General Release and how it interacts with franchise laws in their own state.