What restrictions on the statute of limitations for claims under the Washington Franchise Investment Protection Act might not be enforceable for a Basecamp Fitness franchise?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Basecamp Fitness's 2025 Franchise Disclosure Document, the Washington Addendum to the Development Agreement addresses potential conflicts with the Washington Franchise Investment Protection Act. Specifically, if there is a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will take precedence.
This means that any clause within the Basecamp Fitness franchise agreement that might limit the time a franchisee has to bring a claim under Washington's franchise law could be superseded by the state law itself. RCW 19.100.180, also known as the Franchisee Bill of Rights, may override provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Basecamp Fitness, including termination and renewal rights.
Furthermore, the FDD notes that court decisions could also supersede the franchise agreement or related agreements. Therefore, franchisees in Washington should be aware that certain provisions in their franchise agreement, including those related to dispute resolution and the statute of limitations, might not be fully enforceable if they conflict with Washington state law or relevant court rulings. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.