What is the name of the Washington state law that affects the Beef O Bradys franchise agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO FRANCHISE AGREEMENT, AREA DEVELOPMENT AGREEMENT AND RELATED AGREEMENTS
In recognition of the requirements by the Washington Franchise Investment Protection Act and the Rules and Regulations promulgated thereunder (the "Act"), the Franchise Agreement and/or Area Development Agreement shall be modified as follows:
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 the Franchise Agreement or related agreements concerning your relationship with us, 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 us. Franchise agreement provisions including those summarized in Item 17 of the Disclosure Document, are subject to state law.
Site of Arbitration, Mediation, and/or Litigation. 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 franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
General Release. A release or waiver of rights in the Franchise Agreement or related agreements purporting to bind you to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2). In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act affects the franchise agreement in Washington state. The document specifies that the Franchise Agreement and Area Development Agreement will be modified in accordance with the requirements of this Act and its associated rules and regulations.
Specifically, in the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will take precedence. Furthermore, RCW 19.100.180, which pertains to the Franchisee Bill of Rights, may supersede the Franchise Agreement or related agreements, especially concerning termination and renewal of the franchise. Court decisions may also have a similar effect, and franchise agreement provisions, including those in Item 17 of the Disclosure Document, are subject to state law.
For any arbitration or mediation involving a Beef O Bradys franchise purchased in Washington, the venue will be in Washington state or another mutually agreed-upon location. Franchisees may also bring legal action in Washington for issues arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act, if litigation is not otherwise precluded by the Franchise Agreement. Any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless executed as part of a negotiated settlement with independent counsel after the agreement is in effect, as per RCW 19.100.220(2).