For a Big Apple Bagels franchise in Washington, what is the condition for a franchisee to bring an action or proceeding?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, if litigation is not precluded by the BAGELS 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 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, a franchisee in Washington may bring an action or proceeding if litigation is not precluded by the Big Apple Bagels Franchise Agreement. This action or proceeding must arise out of or be in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, and must be brought in Washington.
This condition ensures that Big Apple Bagels franchisees in Washington have the right to pursue legal action against the franchisor under specific circumstances, particularly those related to franchise sales or violations of the state's franchise laws. However, this right is contingent on the franchise agreement not precluding litigation in the first place.
This provision is important for prospective franchisees as it clarifies their legal rights and recourse options in Washington. It also highlights the importance of carefully reviewing the franchise agreement to understand any limitations on the franchisee's ability to litigate disputes with Big Apple Bagels. Franchisees should seek legal counsel to fully understand their rights and obligations under the franchise agreement and Washington law.