What is the significance of RCW 19.100.190 regarding damages for a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- In recognition of the requirements of the Washington Franchise Investment Protection Act, Washington Rev Code §§19.100.010 – 19.100.940, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- The Washington Franchise Investment Protection Act provides you rights concerning non-renewal and termination of the Area Development Agreement. If the Agreement contains a provision that is inconsistent with the Act, the Act shall control.
- Section 8 requires you to sign a general release as a condition of renewal or transfer. Such release shall exclude claims arising under the Washington Franchise Investment Protection Act.
- Section 19 requires litigation or arbitration to be conducted in the State of Washington; the requirement shall not limit any rights you may have under the Washington Franchise Investment Protection Act to bring suit in the State of Washington.
- Provisions such as those that unreasonably restrict or limit the statute of limitations period for claims under the Act, or restrict or limit rights or remedies available to you under the Act, such as a waiver of the right to a jury trial, may not be enforceable.
- Transfer fees are collectable to the extent that they reflect Franchisor's reasonable estimated or actual costs in effecting a transfer.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, RCW 19.100.190 is part of the Washington Franchise Investment Protection Act, which provides certain rights to Beyond Juicery Eatery franchisees in Washington. Specifically, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended to ensure compliance with this Act.
The Washington Franchise Investment Protection Act ensures that franchisees' rights are protected concerning non-renewal and termination of the Area Development Agreement. If any provision in the agreement is inconsistent with the Act, the Act will take precedence. Additionally, any general release signed as a condition of renewal or transfer must exclude claims arising under the Washington Franchise Investment Protection Act, preserving the franchisee's ability to make claims under this law.
Moreover, the FDD states that the requirement for litigation or arbitration to be conducted in Washington does not limit any rights a franchisee may have under the Washington Franchise Investment Protection Act to bring a suit in the State of Washington. Provisions that unreasonably restrict the statute of limitations for claims or limit rights or remedies available under the Act, such as waiving the right to a jury trial, may not be enforceable. Transfer fees are collectable only to the extent that they reflect the franchisor's reasonable costs in effecting a transfer.
In practical terms, this addendum ensures that Beyond Juicery Eatery franchisees in Washington are afforded the full protections of the Washington Franchise Investment Protection Act, safeguarding their rights and remedies in the event of disputes or termination issues. Prospective franchisees should consult with legal counsel to fully understand their rights under Washington law.