What is the significance of RCW 19.100.220(2) regarding releases or waivers for a Basecamp Fitness franchise in Washington?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
his 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 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.
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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, there is no mention of RCW 19.100.220(2). However, the FDD does include a Washington Addendum that addresses the Washington Franchise Investment Protection Act.
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. It also mentions that RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with the franchisor, particularly in areas of termination and renewal.
Additionally, the FDD states that any provision in the franchise agreement or related agreements that prohibits the franchisee from communicating with or complaining to regulators is inconsistent with the express instructions in the Franchise Disclosure Document and is unlawful under RCW 19.100.180(2)(h). This means that Basecamp Fitness franchisees in Washington have the right to communicate with regulatory bodies without fear of reprisal, and any agreement suggesting otherwise is unenforceable.
Since the FDD does not specifically address RCW 19.100.220(2), a prospective Basecamp Fitness franchisee in Washington should seek clarification from the franchisor regarding how this specific section of the law affects their franchise agreement, particularly concerning releases or waivers.