For a Bath Tune Up franchise in Washington, what is the impact of RCW 19.100.180 on the franchise agreement?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
RCW 19.100.180 may supersede the Franchise Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the Franchise Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchise, or a violation of the Washington Franchise Investment Protection Act, in Washington.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, specifically Chapter 19.100 RCW, has several important implications for franchise agreements in Washington state. In the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act will take precedence over the standard franchise agreement. This means that certain clauses within the Bath Tune Up franchise agreement may be superseded by state law to protect the franchisee's rights.
RCW 19.100.180 specifically impacts areas such as termination and renewal of the franchise agreement. This statute and related court decisions may override the terms outlined in the franchise agreement regarding how and when the franchise can be terminated or renewed. This is a crucial protection for franchisees, ensuring that Bath Tune Up must adhere to Washington state law regarding franchise termination and renewal, which may offer more favorable terms to the franchisee than the standard agreement.
Furthermore, for any arbitration or mediation involving a Bath Tune Up franchise purchased in Washington, the venue must be in Washington state or a location mutually agreed upon. Franchisees also have the right to bring legal action in Washington if it involves the sale of the franchise or a violation of the Washington Franchise Investment Protection Act, provided litigation isn't precluded by the franchise agreement. Any release or waiver of rights by a franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it's part of a negotiated settlement with independent legal representation after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may not be enforceable, ensuring franchisees retain their legal protections under state law.
Transfer fees are collectable only to the extent that they reflect Bath Tune Up's reasonable estimated or actual costs in effecting a transfer. This prevents the franchisor from imposing excessive or arbitrary transfer fees. Overall, these provisions ensure that Washington franchisees receive the full protection of state law, which can modify or supersede conflicting terms in the standard Bath Tune Up franchise agreement.