What does the Washington Addendum modify in relation to the Big Air Trampoline Park franchise?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT, FRANCHISE AGREEMENT, MULTI-UNIT DEVELOPMENT AGREEMENT, STATEMENT OF FRANCHISEE, AND 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.
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 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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- 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 a the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of the arbitration or mediation.
In addition, if litigation is not precluded by the franchise agreement, a franchisee my bring actions 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.
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- General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind he franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect an d where the parties are represented by independent coun
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 FDD, the Washington Addendum modifies the Franchise Disclosure Document, the franchise agreement, the Multi-Unit Development Agreement, the Statement of Franchisee, and all related agreements for Big Air Trampoline Park franchises. This addendum is an integral part of these documents and applies if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business will operate in Washington.
Specifically, the Washington Addendum addresses potential conflicts of law, stating that the Washington Franchise Investment Protection Act will prevail in such cases. It also mentions the Franchisee Bill of Rights under RCW 19.100.180, which may supersede certain provisions in the franchise agreement, particularly concerning termination and renewal. Additionally, court decisions may also override the franchise agreement regarding the franchisee's relationship with Big Air Trampoline Park.
The addendum also dictates the location for arbitration, mediation, and litigation involving franchises purchased in Washington. Unless otherwise agreed, these proceedings will occur in Washington or as determined by the arbitrator or mediator. Franchisees can bring actions related to franchise sales or violations of the Washington Franchise Investment Protection Act in Washington, provided litigation isn't precluded by the franchise agreement.
Finally, the Washington Addendum addresses general releases, stating that any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void. The exception is if the release is part of a negotiated settlement after the agreement is in effect and both parties have independent counsel.