In Washington, what law governs the relationship between Baymont Inn Suites and its franchisees, potentially superseding the franchise agreement?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document 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.
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.
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 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the relationship between Baymont Inn Suites and its franchisees in Washington is governed by the Washington Franchise Investment Protection Act, chapter 19.100 RCW. This Act's provisions will take precedence if there are any conflicts with the franchise agreement.
Additionally, RCW 19.100.180, known as the Franchisee Bill of Rights, may also supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Baymont Inn Suites, particularly in areas like termination and renewal. Court decisions may also override the franchise agreement. This means that certain terms in the franchise agreement, including those summarized in Item 17 of the FDD, are subject to Washington state law.
For a prospective franchisee, this means that the standard franchise agreement is not the final word on their rights and obligations in Washington. The state's franchise laws provide additional protections and may alter or invalidate certain clauses in the agreement. It is important for franchisees to be aware of these state-specific laws and how they impact their franchise relationship. Baymont Inn Suites franchisees should consult with a legal professional familiar with Washington franchise law to fully understand their rights and obligations.