When is a release or waiver of rights void for a Basecamp Fitness franchise in Washington?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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 states that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail. This means that if any part of the franchise agreement contradicts Washington state law regarding franchise investments, the state law takes precedence. This ensures that Basecamp Fitness franchisees in Washington are protected by their state's specific regulations.
Additionally, RCW 19.100.180, which is the Franchisee Bill of Rights in Washington, may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Basecamp Fitness. This includes areas such as termination and renewal of the franchise. The FDD also notes that court decisions could potentially override the franchise agreement, further emphasizing that the standard contract terms are subject to state law and judicial interpretation.
In practical terms, this means that certain clauses in the standard Basecamp Fitness franchise agreement, particularly those related to franchisee rights, termination, and renewal, may not be enforceable in Washington if they conflict with state statutes or court rulings. A prospective franchisee in Washington should be aware of these potential conflicts and consult with a legal professional to understand their rights and obligations under both the franchise agreement and Washington law. This ensures that the franchisee is fully informed about the legal landscape governing their investment and operation of a Basecamp Fitness studio in Washington.