For a Big Apple Bagels franchise in Washington, what is the exception regarding the BAGELS Franchise Agreement?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
The State of Washington has a Statute, RCW 19.100.180 which may supersede the BAGELS Franchise Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
There may also be court decisions which may supersede the BAGELS Franchise Agreement in your relationship within the franchisor including the areas of termination and renewal of your franchise.
A release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, Washington state law includes certain statutes that may supersede the standard BAGELS Franchise Agreement. Specifically, RCW 19.100.180 may take precedence in the areas of termination and renewal of the franchise. Additionally, court decisions in Washington could also supersede the BAGELS Franchise Agreement concerning termination and renewal.
For a Big Apple Bagels franchisee in Washington, this means that certain provisions in the franchise agreement may not be fully enforceable due to state law. For example, the franchise agreement's clauses regarding termination or renewal might be altered or overridden by Washington's statutes or court rulings. This could impact the franchisee's rights and obligations related to ending the franchise relationship or extending it beyond the initial term.
Moreover, the FDD stipulates that any release or waiver of rights executed by a Big Apple Bagels franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement with independent legal representation. Provisions that unreasonably limit the statute of limitations for claims or rights under the Act, such as the right to a jury trial, may also be unenforceable. Franchisees should be aware of these protections under Washington law, as they provide additional safeguards beyond the standard terms of the franchise agreement.