In the event of conflicting laws, which law prevails for an Atwell Suites franchise operating in Washington?

According to Atwell Suites's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act governs in the event of conflicting laws for franchises operating in Washington. This means that if there is a discrepancy between the standard Atwell Suites franchise agreement and the laws of Washington, the state law will take precedence. Specifically, Chapter 19.100 RCW of the Washington Franchise Investment Protection Act will be the prevailing authority.

For a prospective Atwell Suites franchisee in Washington, this is a beneficial provision. It ensures that the franchisee is protected by the specific laws of their state, which are designed to safeguard their investment and rights. This protection extends to various aspects of the franchise agreement, including but not limited to dispute resolution, waivers, and limitations of liability.

This clause is included in an amendment to the standard Atwell Suites license agreement specifically for franchisees in Washington. This amendment addresses several key areas, including the location of arbitration or mediation, the enforceability of releases or waivers, and the statute of limitations for claims. It also includes a "Franchisee Bill of Rights," further emphasizing the protections afforded to franchisees under Washington law. The amendment also addresses transfer fees, the franchisor's obligations upon the expiration of the license, and waivers of exemplary and punitive damages.

It is important for potential Atwell Suites franchisees in Washington to carefully review this amendment and understand their rights under the Washington Franchise Investment Protection Act. Consulting with an attorney experienced in franchise law is advisable to fully grasp the implications of these protections and how they apply to their specific situation.