In the event of conflicting laws, which law prevails for an Aira Fitness franchise in Washington?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL 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 sella 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.
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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 Item 17 of the Franchise Disclosure Document, are subject to state law.
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- 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.
In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, specifically the Washington Addendum, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is a disagreement between any part of the franchise agreement and the Washington state law, the state law will be followed. This protection applies if the offer to sell the franchise is accepted in Washington, the purchaser is a resident of Washington, or the franchised business is located or operated in Washington.
This addendum is an integral part of the franchise agreement, ensuring that franchisees operating in Washington are protected by their state's franchise laws. It also clarifies that RCW 19.100.180, the Franchisee Bill of Rights, may supersede provisions in the franchise agreement, particularly concerning termination and renewal. Franchisees should be aware that court decisions can also override the franchise agreement.
Furthermore, the addendum specifies that any arbitration or mediation involving a franchise purchased in Washington must occur in Washington, or a mutually agreed-upon location, or as determined by the arbitrator or mediator. Franchisees also have the right to bring legal action in Washington if litigation is not precluded by the franchise agreement, especially for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act. This ensures that Aira Fitness franchisees in Washington have access to local legal recourse and protection under state law.