If an Aira Fitness franchise agreement conflicts with the Washington Franchise Investment Protection Act, which prevails?
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.
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, the Washington Addendum clarifies the relationship between the franchise agreement and Washington state law. Specifically, in the event of any conflict between the Aira Fitness franchise agreement and the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence. This ensures that franchisees operating in Washington are protected by the state's franchise laws.
This protection extends to various aspects of the franchise relationship. For example, the addendum states that RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Aira Fitness, particularly in areas like termination and renewal. Additionally, court decisions may also override the franchise agreement, further emphasizing the importance of state law in governing the franchise relationship.
This clause is significant for prospective Aira Fitness franchisees in Washington because it means that certain terms in the standard franchise agreement that might be unfavorable or non-compliant with Washington law will not be enforceable. Franchisees should be aware of their rights under the Washington Franchise Investment Protection Act and consult with legal counsel to ensure full compliance and understanding of their obligations and protections.