factual

For a Best Brains franchise in Washington, what does the Washington Addendum modify in addition to the Franchise Disclosure Document and the franchise agreement?

Best_Brains Franchise · 2025 FDD

Answer from 2025 FDD Document

The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements 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.

Source: Item 23 — RECEIPTS (FDD pages 42–190)

What This Means (2025 FDD)

According to Best Brains' 2025 Franchise Disclosure Document, the Washington Addendum modifies the Franchise Disclosure Document and the franchise agreement, as well as all related agreements. This addendum is applicable if the offer to sell the franchise is accepted in Washington, the purchaser is a resident of Washington, or the franchised business is to be located or operated in Washington.

Several key modifications are included in the addendum. First, in the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act will take precedence. Second, the franchisee's bill of rights under RCW 19.100.180 may supersede provisions in the franchise agreement, especially concerning termination and renewal. Court decisions may also override the franchise agreement. Third, the site for arbitration or mediation must be in Washington, unless otherwise agreed upon. Additionally, franchisees can bring legal action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act.

Finally, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void, unless it is part of a negotiated settlement with independent counsel after the agreement is in effect. Furthermore, Best Brains is prohibited from restricting a franchisee from soliciting or hiring employees of another Best Brains franchisee or employees of Best Brains itself. Also, any statement or acknowledgment signed by the franchisee cannot waive claims under Washington franchise law or disclaim reliance on statements made by Best Brains.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.