If there's a conflict between the standard 1-800-GOT-JUNK? franchise agreement and Washington law, which prevails?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT,
AND ALL RELATED AGREEMENTS
The following modifications are to the 1-800-GOT-JUNK?
LLC Franchise Disclosure Document and
may supersede, to the extent then required by valid applicable state law, certain portions of the Franchise
Agreement dated __________________, 20.
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise
Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the
contrary contained therein.
This Addendum applies if: (a) the offer to sell a franchise is accepted in
Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised
business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
1.
Conflict of Laws.
In the event of a conflict of laws, the provisions of the Washington Franchise
Investment Protection Act, Chapter 19.100 RCW will prevail.
2.
Franchisee Bill of Rights.
RCW 19.100.180 may supersede provisions in the franchise agreement or
related agreements concerning your relationship with the franchisor, including in the areas of termination
and renewal of your franchise.
There may also be court decisions that supersede the franchise agreement or
related agreements concerning your relationship with the franchisor.
Franchise agreement provisions,
including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, if a conflict of laws arises, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence. This protection applies if the franchise offer is accepted in Washington, the purchaser resides in Washington, or the franchised business operates in Washington.
This means that if any part of the standard 1-800-GOT-JUNK? franchise agreement clashes with Washington state law, the state law will be upheld. This is particularly relevant for franchisees operating in Washington, as it ensures that their rights and obligations are governed by the state's specific franchise regulations.
Furthermore, RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with 1-800-GOT-JUNK?, especially in areas like termination and renewal. Court decisions may also override the franchise agreement in matters concerning the franchisor-franchisee relationship. Franchisees should be aware that the franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
This addendum ensures that 1-800-GOT-JUNK? franchisees in Washington are protected by state laws designed to govern franchise relationships, providing an additional layer of security and legal clarity.