What does the Washington Addendum say about jury trial waivers in the Basecamp Fitness franchise agreement?
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 addresses potential conflicts between the franchise agreement and Washington state law. Specifically, it states that the provisions of the addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements. This addendum applies if the offer to sell a Basecamp Fitness franchise is accepted in Washington, the purchaser is a Washington resident, or the franchised business will be located or operated in Washington.
The addendum highlights that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will take precedence. Furthermore, RCW 19.100.180, which concerns franchisee bill of rights, may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Basecamp Fitness, particularly in areas of termination and renewal.
While the addendum does not explicitly mention jury trial waivers, it broadly states that Washington state law and court decisions may supersede the franchise agreement. This implies that any jury trial waiver within the Basecamp Fitness franchise agreement may not be enforceable in Washington if it conflicts with state law. A prospective franchisee in Washington should consult with legal counsel to understand the enforceability of specific clauses in the franchise agreement, including any jury trial waivers, in light of Washington state law.