What RCW section allows Basecamp Fitness franchisees to seek treble damages?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary set forth in the Basecamp Fitness Franchisor LLC Franchise Agreement, the following provisions shall supersede and apply to all Basecamp Fitness franchises sold to residents in the state of Virginia:
This Virginia Addendum is only applicable if you are a resident of Virginia or if your business will be located in Virginia.
- No statement, questionnaire, or acknowledgment signed or agreed to by 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 the 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.
Franchisor: BASECAMP FITNESS FRANCHISOR LLC Its: Its:
WASHINGTON ADDENDUM TO THE FRANCHISE 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 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, the Washington Addendum indicates that the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail in the event of a conflict of laws. This act provides certain protections and rights to franchisees in Washington.
The addendum also states that RCW 19.100.180, regarding the Franchisee Bill of Rights, may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Basecamp Fitness, including termination and renewal. This means that certain terms in the franchise agreement that conflict with the rights outlined in RCW 19.100.180 may not be enforceable.
While the excerpt confirms that chapter 19.100 RCW takes precedence and that RCW 19.100.180 may supersede the franchise agreement, it does not explicitly state which specific sections within RCW 19.100 allow a franchisee to seek treble damages. A prospective franchisee should carefully review the full text of the Washington Franchise Investment Protection Act, specifically chapter 19.100 RCW, to understand the conditions under which treble damages may be sought. Additionally, consulting with a legal professional experienced in franchise law in Washington is recommended to fully understand their rights and obligations.