For a Bath Tune Up franchise in Washington, what law prevails in case of conflict?
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.
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, Chapter 19.100 RCW, will prevail in the event of a conflict of laws for a franchise purchased in Washington. This means that the specific laws of Washington State are prioritized over other potentially conflicting laws in the franchise agreement.
Furthermore, RCW 19.100.180 may supersede the franchise agreement, particularly in areas concerning termination and renewal of the franchise. Court decisions may also override the franchise agreement in these same areas. This indicates that certain statutory provisions and judicial rulings in Washington offer additional protection or have precedence over the standard terms outlined in the Bath Tune Up franchise agreement.
For any arbitration or mediation involving a Bath Tune Up franchise in Washington, the venue must be in Washington State or a location mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator. Additionally, if litigation is not precluded by the franchise agreement, a franchisee can bring legal action related to the sale of the franchise or violations of the Washington Franchise Investment Protection Act in Washington. This ensures that legal proceedings can be conducted locally, providing a more accessible and potentially favorable legal environment for the franchisee.
A release or waiver of rights executed by a Bath Tune Up franchisee cannot include rights under the Washington Franchise Investment Protection Act, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions that 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. This provision aims to protect the franchisee's rights under Washington law, preventing them from being unknowingly or unfairly waived.