What is the effect of RCW 19.100.180 on the Big Air Trampoline Park franchise agreement in Washington?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning you relationship with the franchisor, including 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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- Certain Buy-Back Provisions. Provisions in franchise agreements or related agreements that permit the franchisor to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful pursuant to RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
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- Fair and Reasonable Pricing. Any provision in the franchise agreement or related agreements that requires the franchisee to purchase or rent any product or service for more than a fair and reasonable price is unlawful under RCW 19.100.180(2)(d).
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- Franchisor's Business Judgement. Provisions in the franchise agreement or related agreements stating that the franchisor may exercise its discretion on the basis of its reasonable business judgement may be limited or superseded by RCW 19.100.180(1), which requires the parties to deal with each other in good faith.
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- Prohibitions on Communicating with Regulators. Any provision in the franchise agreement or related agreements that prohibits the franchisee from communicating with or complaining to regulators is inconsistent with the express instructions in the Franchise Disclosure Document and is unlawful under RCW 19.100.180(2)(h).
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, RCW 19.100.180, also known as the Franchisee Bill of Rights, may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Big Air Trampoline Park, particularly in areas of termination and renewal of the franchise. This means that certain terms in the franchise agreement that conflict with the rights provided to franchisees under Washington law may not be enforceable.
Specifically, RCW 19.100.180(2)(j) makes it unlawful for Big Air Trampoline Park to repurchase a franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent, unless the franchise is terminated for good cause. Additionally, RCW 19.100.180(2)(d) renders unlawful any provision requiring a franchisee to purchase or rent any product or service for more than a fair and reasonable price.
Furthermore, any provision in the franchise agreement that prohibits a franchisee from communicating with or complaining to regulators is unlawful under RCW 19.100.180(2)(h). In general, RCW 19.100.180(1) requires Big Air Trampoline Park and its franchisees to deal with each other in good faith, which may limit or supersede provisions stating that Big Air Trampoline Park may exercise its discretion based on reasonable business judgment.