Does the Washington Addendum affect agreements related to the Beverly Anns Cookie franchise agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
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.
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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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- Site of Arbitration, Mediation, and/or Litigation. 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 franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the Washington Addendum does affect the Franchise Disclosure Document, the franchise agreement, and all related agreements. The addendum is an integral part of these documents and modifies them, regardless of any contradictory information within. This addendum is applicable if the franchise offer is accepted in Washington, if the purchaser is a Washington resident, or if the franchised business is to be located or operated in Washington, either wholly or partly.
Several key provisions are outlined within the Washington Addendum that could impact a Beverly Anns Cookie franchisee. In the event of conflicting laws, the Washington Franchise Investment Protection Act will take precedence. Additionally, the franchisee's rights regarding termination and renewal may be superseded by RCW 19.100.180, also known as the Franchisee Bill of Rights. Court decisions may also override the franchise agreement or related agreements concerning the relationship between the franchisee and Beverly Anns Cookie.
Furthermore, the addendum specifies that any arbitration or mediation involving a franchise purchased in Washington must occur in Washington, or at a mutually agreed upon location, or as determined by the arbitrator or mediator. The franchisee also has the right to bring legal action in Washington if litigation is not precluded by the franchise agreement, particularly for issues arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act. Therefore, prospective franchisees in Washington should carefully review the Washington Addendum with legal counsel to understand their rights and obligations under Washington law.