What is the name of the Washington State Act that is referenced in the Bang Cookies Franchise Agreement amendment?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
the following language: "Provisions requiring a franchisee to consent to a limitation of claims within one year have been determined to be unfair, unjust and inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law. Therefore, for North Dakota franchisees, the statute of limitations under North Dakota Law will apply."
Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of North Dakota Law are met independently without reference to this amendment.
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WASHINGTON STATE FRANCHISE AGREEMENT AMENDMENT
Amendments to the Bang Cookies Franchise Agreement
In recognition of the Washington State Franchise Investment Protection Act, Chapter 19.100 RCW, the parties to the attached Bang Cookies Franchise LLC Franchise Agreement (the "Franchise Agreement") agree as follows:
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- In any arbitration involving a franchise purchased in Washington, the arbitration site shall be either in the State of Washington, or in a place mutually agreed upon at the time of the arbitration or as determined by the arbitrator.
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- In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail.
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- A release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims un
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, the Washington State Act referenced in the Bang Cookies Franchise Agreement amendment is the Washington State Franchise Investment Protection Act, Chapter 19.100 RCW. This act is recognized in the amendment to the franchise agreement.
The amendment outlines several key provisions related to franchises purchased in Washington. It specifies that arbitration sites for disputes must be in Washington State unless otherwise agreed upon. In cases of conflicting laws, the Washington Franchise Investment Protection Act will take precedence.
Furthermore, the amendment addresses waivers of rights, stating that franchisees cannot waive their rights under the Washington Franchise Investment Protection Act unless it's part of a negotiated settlement with independent counsel. It also clarifies that transfer fees should reflect the franchisor's reasonable costs. Finally, it acknowledges that Chapter 49.62 RCW limits the use of non-competition agreements, potentially superseding the franchise agreement's non-competition provisions, especially concerning employee earnings, duration of non-competes, and restrictions on soliciting or hiring employees.