Does the Washington Addendum modify the Aerus Franchise Disclosure Document?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
The undersigned does hereby acknowledge receipt of this addendum.
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, FRANCHISE AGREEMENT, AND RELATED AGREEMENTS
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.
- 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 the 2025 Aerus Franchise Disclosure Document, the Washington Addendum does modify the Franchise Disclosure Document, the franchise agreement, and all related agreements. The addendum becomes an integral part of these documents. This modification applies if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business will be located or operated in Washington, either wholly or partly.
Specifically, the Aerus FDD states that in case of conflicting laws, the Washington Franchise Investment Protection Act will take precedence. Furthermore, the addendum clarifies that any capitalized terms not defined within it will have the same meanings as defined in the Franchise Agreement. Except for the modifications explicitly stated in the addendum, the Franchise Agreement remains in full effect.
Additionally, the addendum includes a clause ensuring that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under Washington franchise law, including claims related to fraud or reliance on statements made by Aerus. This provision supersedes any conflicting terms in other documents related to the franchise agreement. The franchisee acknowledges receipt of the addendum by signing it, indicating their understanding of these modifications.