In the event of conflicting laws, which law prevails for a 360 Painting franchise?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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)thepurchaser ofthe franchise is a resident ofWashington; and/or(c)the franchised business thatisthe subject ofthe sale isto be located or operated,wholly or partly,inWashington.
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- 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.
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- 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 Item17 oftheFranchiseDisclosureDocument, are subject tostate law.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the specific laws that prevail for a 360 Painting franchise in the event of a conflict depend on the state where the franchise is located. For franchisees in Washington, the Washington Franchise Investment Protection Act will prevail in the event of conflicting laws.
This means that if any part of the franchise agreement contradicts the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence. This protection is particularly relevant to the franchisee's rights regarding termination and renewal, as RCW 19.100.180 may supersede the franchise agreement in these areas. Additionally, court decisions may also override aspects of the franchise agreement.
For a prospective 360 Painting franchisee in Washington, this addendum offers significant legal protection. It ensures that the franchisee's rights are safeguarded by Washington law, regardless of what the standard franchise agreement might state. Franchisees should be aware of the specific protections afforded by the Washington Franchise Investment Protection Act and consult with legal counsel to fully understand their rights under state law.