Under what condition will each provision of the amendment to the 360 Painting Franchise Agreement be effective?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
sor. This provision supersedes any other term of any document executed in connection with the franchise.
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- Each provision of this Amendment will be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to this Amendment.
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- Except as otherwise provided in this Amendment, all of the other terms, covenants and agreements in the Franchise Agreement shall remain the same, and the Franchise Agreement, as amended, shall continue in full force and effect. To the extent this Amendment is inconsistent with any terms or conditions of the Franchise Agreement or any attachments thereto, the terms of this Amendment shall govern and control.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the effectiveness of each provision within the amendment to the 360 Painting Franchise Agreement is contingent upon meeting specific jurisdictional requirements. For franchisees in New York, each provision of the amendment will be effective only to the extent that the jurisdictional requirements of the New York General Business Law, Article 33, are met independently without reference to the amendment.
Similarly, for franchisees in Indiana, each provision of the amendment will be effective only to the extent that the jurisdictional requirements of the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Act are met independently, without reference to the amendment. This means that the provisions of the amendment will only apply if they align with and satisfy the legal requirements specific to franchise operations in Indiana.
For franchisees in Virginia, each provision of the amendment will be effective only to the extent that the jurisdictional requirements of the Virginia Retail Franchising Act are met independently without reference to this Amendment. This ensures that the amendment's provisions are in compliance with Virginia's franchising laws before taking effect. Therefore, prospective franchisees should be aware that the applicability and enforcement of the amendment's terms are directly tied to adherence to the franchise laws of their respective states.