Are provisions in the Amerispec Inspection Services Franchise Agreement that conflict with Washington's restrictions on soliciting or hiring employees enforceable?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor.
As a result, any such provisions contained in the Franchise Agreement or elsewhere are void and unenforceable in Washington.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, provisions within the franchise agreement that conflict with Washington state law regarding the solicitation or hiring of employees are not enforceable in Washington. Specifically, Washington law RCW 49.62.060 prohibits Amerispec Inspection Services as the franchisor from restricting or prohibiting a franchisee from soliciting or hiring employees of either another franchisee within the Amerispec Inspection Services system or employees of Amerispec Inspection Services itself.
This means that an Amerispec Inspection Services franchisee in Washington is free to recruit and hire employees from other franchisees or from the franchisor, regardless of any conflicting clauses in the franchise agreement. This addendum ensures that the franchisee's rights under Washington state law are protected, superseding any potentially restrictive terms in the standard franchise agreement.
This protection is significant for prospective franchisees in Washington, as it allows them greater flexibility in staffing their businesses. It also highlights the importance of understanding state-specific addenda to franchise agreements, as these can significantly alter the terms and conditions of the franchise relationship to comply with local laws.