In Washington, what legal provisions may supersede the Best Western franchise agreement regarding termination and renewal of a member's license?
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.
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, specifically Chapter 19.100 RCW, may supersede the Best Western franchise agreement in Washington. This includes provisions related to the termination and renewal of a member's license. This means that certain terms in the franchise agreement that conflict with the Act may not be enforceable in Washington.
Additionally, court decisions in Washington could also supersede the Best Western franchise agreement regarding termination and renewal. This acknowledges that judicial interpretations of franchise law can take precedence over the contractual terms agreed upon in the franchise agreement. Therefore, franchisees in Washington should be aware of both the Washington Franchise Investment Protection Act and relevant court decisions.
This information is crucial for prospective Best Western franchisees in Washington because it highlights that the franchise agreement is not the only governing document. Franchisees need to understand their rights and obligations under Washington law, which may provide additional protections or impose different requirements than those outlined in the standard Best Western franchise agreement. Consulting with an attorney experienced in franchise law in Washington is advisable to fully understand these rights and obligations.