If there is a conflict of laws, which law prevails for a Best Brains franchise in Washington?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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.
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- 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.
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- General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee 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 21 — FINANCIAL STATEMENTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, if there is a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail for a Best Brains franchise operating in Washington. This means that any clause in the franchise agreement that contradicts Washington state law will be superseded by the state law.
This protection extends to various aspects of the franchise agreement. For example, RCW 19.100.180 may override provisions related to the franchisee's relationship with Best Brains, especially concerning termination and renewal. The FDD also notes that court decisions can further supersede the franchise agreement. This ensures that franchisees operating in Washington are afforded the full protection of Washington law, regardless of what the franchise agreement might state.
Furthermore, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless it meets specific conditions. These conditions include being part of a negotiated settlement after the agreement is in effect and having both parties represented by independent counsel, as per RCW 19.100.220(2). This provision prevents Best Brains from compelling franchisees to unknowingly or unfairly surrender their legal rights under Washington law.