What is the significance of RCW 19.100.180 regarding the Benjamin Franklin Plumbing franchise agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Any provision in the franchise agreement or related agreements that prohibits the franchisee from communicating with or complaining to regulators is inconsistent with the express instructions in the Franchise Disclosure Document and is unlawful under RCW 19.100.180(2)(h).
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- Exhibit E to the Franchise Disclosure Document (Questionnaire to be Completed Before Executing Franchise Agreement) is not applicable in Washington.
THIS GENERAL RELEASE DOES NOT APPLY WITH RESPECT TO CLAIMS ARISING UNDER THE WASHINGTON FRANCHISE INVESTMENT PROTECTION ACT, RCW 19.100, AND THE RULES ADOPTED THEREUNDER.
Source: Item 22 — CONTRACTS (FDD pages 87–88)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, RCW 19.100.180(2)(h) of the Washington Franchise Investment Protection Act renders unlawful any provision in the franchise agreement or related documents that prohibits a franchisee from communicating with or complaining to regulators. This ensures that Benjamin Franklin Plumbing franchisees in Washington State have the right to report concerns or violations to the appropriate regulatory bodies without fear of reprisal from the franchisor.
This protection is explicitly stated in an addendum to the franchise agreement for prospective franchisees in Washington. The FDD also clarifies that Exhibit E, the 'Questionnaire to be Completed Before Executing Franchise Agreement,' is not applicable in Washington state. This questionnaire generally aims to confirm the franchisee understands the agreement terms and hasn't received unauthorized information, but Washington franchisees are exempt from completing it.
Furthermore, the general release document that a franchisee may be asked to sign when renewing, transferring, modifying their territory, or licensing an additional territory, does not apply to claims arising under the Washington Franchise Investment Protection Act, including RCW 19.100. This ensures that franchisees do not inadvertently waive their rights under Washington law when signing such releases. This provision underscores Benjamin Franklin Plumbing's adherence to Washington's franchise laws, providing additional security and transparency for franchisees operating in that state.