In the event of conflicting laws, which law prevails for an Aerus franchise in Washington?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ise 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.
- 3. Site of Arbitration, Mediation, and/or Litigation. In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail if there is a conflict of laws. This means that if any other laws contradict the provisions outlined in the Washington Franchise Investment Protection Act, the latter will take precedence for an Aerus franchise operating in Washington.
Additionally, RCW 19.100.180, which pertains to the Franchisee Bill of Rights, may supersede specific provisions within the franchise agreement or related agreements. This includes aspects of the franchisee's relationship with Aerus concerning termination and renewal. Court decisions may also override the franchise agreement or related agreements.
Furthermore, any release or waiver of rights within the franchise agreement that attempts to waive compliance with the Washington Franchise Investment Protection Act is void. The only exception is when such a waiver is executed as part of a negotiated settlement after the agreement is in effect, and both parties are represented by independent counsel, as per RCW 19.100.220(2). This protection extends to renewals or transfers of the franchise, ensuring franchisees are not unknowingly relinquishing their rights under state law.