Can a Basecamp Fitness franchisee bring an action in Washington if litigation is not precluded?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor: BASECAMP FITNESS FRANCHISOR LLC Its: Its:
WASHINGTON ADDENDUM TO THE DEVELOPMENT AGREEMENT AND 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 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.
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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 (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness Franchise Disclosure Document, a franchisee's ability to bring an action in Washington is addressed through a specific addendum. This addendum applies if the franchise sale offer was accepted in Washington, if the purchaser resides in Washington, or if the franchised business is to be located or operated in Washington.
The Washington Addendum states that in the event of conflicting laws, the Washington Franchise Investment Protection Act will take precedence. Furthermore, RCW 19.100.180, which is the Franchisee Bill of Rights under Washington law, may supersede provisions in the franchise agreement, especially concerning termination and renewal. Court decisions may also override the franchise agreement terms regarding the relationship between the franchisee and Basecamp Fitness.
In essence, while the franchise agreement might specify a different forum or choice of law, the Washington Addendum ensures that Washington law protects franchisees operating within the state. This means a Basecamp Fitness franchisee in Washington may have the right to bring a lawsuit in Washington, particularly if it involves the Washington Franchise Investment Protection Act, despite any conflicting clauses in the standard franchise agreement.