Under the 360 Painting Franchise Agreement, does any franchisee representation act as a waiver of liabilities imposed by New York General Business Law Article 33?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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- No representation or acknowledgment by the Franchisee in the Franchise Agreement is intended to or shall act as a release, assignment, novation, waiver or estoppel which would relieve a person from any duty or liability imposed by Article 33, Sections 680 through 695, of the General Business Law of the State of New York and the regulations issued thereunder.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, no representation or acknowledgment by the franchisee within the Franchise Agreement is intended to act as a waiver of liabilities imposed by Article 33 of the General Business Law of the State of New York. This protects franchisees from unintentionally relinquishing their rights under New York franchise law through statements made in the agreement. This provision ensures that franchisees retain their legal protections under New York law, specifically Sections 680 through 695.
This means that any statements, acknowledgments, or representations made by a 360 Painting franchisee in the franchise agreement will not be interpreted as a release, assignment, waiver, or estoppel that would relieve any party from duties or liabilities imposed by New York's General Business Law, Article 33. This is particularly relevant because New York franchise law provides specific protections to franchisees, and this clause ensures those protections remain intact.
Furthermore, the 360 Painting FDD states that the nonwaiver provisions of General Business Law Sections 687(4) and 687(5) are intended to be satisfied. Also, the choice of law within the agreement should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York. This reinforces the intent to uphold the protections provided by New York law for franchisees operating in that state.
In summary, 360 Painting franchisees in New York are protected by specific provisions ensuring that their rights and protections under Article 33 of the General Business Law are not inadvertently waived or relinquished through any representation or acknowledgment made in the Franchise Agreement. This offers a level of security and compliance with New York state law, which is a beneficial aspect for prospective franchisees in New York.