What happens if provisions in the Angry Chickz franchise agreement conflict with the Washington Franchise Investment Protection Act?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS ADDENDUM is entered into as of, 20 between ANGRY | ||
|---|---|---|
| CHICKZ FRANCHISING LLC, a California limited liability company ("Company"), and , a ("Franchisee"), with reference to the | ||
| following: | ||
| The provisions of this Addendum form an integral part of, and are incorporated into, the Development Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to you was made in the State of Virginia; (B) you are a resident of the State of Virginia; | ||
| and/or (C) the franchised business will be located in the State of Virginia. | ||
| 1. | Payment of all initial fees payable under the Area Development Agreement is deferred | |
| until Franchisor has satisfied its pre-opening obligations to you under the Area Development | ||
| Agreement and your first Angry Chickz business opens to the public. | ||
| 2. | No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in | |
| connection with the commencement of the franchise relationship shall have the effect of (i) | ||
| waiving any claims under any applicable state franchise law, including fraud in the inducement, | or (ii) disclaiming reliance on any statement made by any franchisor, franchise 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. | ||
| Except as set forth herein, the Area Development Agreement shall be valid and enforceable | ||
| between the parties in accordance with its terms. | ||
| IN WITNESS WHEREOF, the parties have duly executed, sealed and delivered this Addendum | ||
| as of the Effective Date identified below. | ||
| "Company" | "Developer" | |
| ANGRY CHICKZ FRANCHISING LLC, | , | |
| a California limited liability company | [ ] an individual [ ] a general partnership; [ ] a limited partnership; | |
| By: | [ ] a limited liability company; | |
| Name: | [ ] a corporation; | |
| Its: | By: | |
| Date of signing: | Name: Its: Date of signing: |
ADDENDUM TO ANGRY CHICKZ FRANCHISING LLC DISCLOSURE DOCUMENT FOR THE STATE OF WASHINGTON
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document 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. 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.
- 4. General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2). In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
- 5. Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
- **6.
Source: Item 23 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, if there is a conflict between the franchise agreement and the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence. This protection applies if the offer to sell the franchise is accepted in Washington, the purchaser is a Washington resident, or the franchised business is located or operated in Washington.
This means that certain clauses within the Angry Chickz franchise agreement that might otherwise be enforceable could be superseded by Washington state law. Specifically, RCW 19.100.180, which outlines a Franchisee Bill of Rights, may override aspects of the franchise agreement concerning the franchisee's relationship with Angry Chickz, including termination and renewal terms. Court decisions may also supersede the franchise agreement.
Furthermore, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless it meets specific conditions. These conditions include being part of a negotiated settlement after the franchise agreement is in effect and having both parties represented by independent legal counsel, as per RCW 19.100.220(2). This ensures franchisees cannot unknowingly or unfairly surrender their legal protections under Washington law.
In addition, provisions in the franchise agreement that unreasonably restrict the statute of limitations for claims under the Washington Franchise Investment Protection Act, or that limit rights or remedies under the Act such as the right to a jury trial, may not be enforceable. This safeguards the franchisee's ability to pursue legal action within a reasonable timeframe and with full legal recourse.