In the event of conflicting laws, which law prevails in the Best Western Rider for use in Washington?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
RCW 19.100.180 may supersede this Agreement in Member's relationship with Best Western including the areas of termination and renewal of your license. There may also be court decisions which may supersede this Agreement in Member's relationship with Best Western including the areas of termination and renewal of Member's license.
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 Agreement, a Member may bring an action or proceeding arising out of or in connection with the sale of licenses, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act will prevail if there is a conflict of laws. Specifically, Chapter 19.100 RCW of this act takes precedence over other conflicting laws in the Best Western Rider for use in Washington.
This means that certain provisions of the Best Western membership agreement may be superseded by the Washington Franchise Investment Protection Act, particularly in areas concerning the termination and renewal of a license. Court decisions may also override the agreement in these areas.
For a Best Western franchisee in Washington, this ensures that the protections and rights provided by Washington state law are upheld, even if they differ from the standard terms outlined in the franchise agreement. It also specifies that any arbitration or mediation will occur in Washington, unless otherwise agreed upon, and allows franchisees to bring legal action in Washington for violations of the Washington Franchise Investment Protection Act.