In the event of conflicting laws, which law prevails for a Big O Tires franchise in Washington?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies for any ASSIGNORS, ASSIGNEES, and Guarantors of an ASSIGNOR or ASSIGNEE in Washington:
This release does not apply with respect to any claims under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
According to the 2025 Big O Tires Franchise Disclosure Document, for assignors, assignees, and guarantors of assignors or assignees in Washington, the release does not apply to any claims under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. This means that the Washington Franchise Investment Protection Act takes precedence over any general release agreement in the context of franchise-related claims within Washington state.
This provision protects franchisees and related parties in Washington by ensuring that their rights under the state's Franchise Investment Protection Act are not waived by a general release. The Act is designed to protect franchisees from unfair practices and misrepresentations by franchisors. By specifically excluding claims under this Act from the scope of a general release, the FDD ensures that franchisees retain their ability to pursue legal remedies available under Washington law.
For a prospective Big O Tires franchisee in Washington, this means that any release signed as part of an assignment or transfer agreement will not prevent them from bringing claims under the Washington Franchise Investment Protection Act. This provides an added layer of protection and recourse in case of disputes or issues arising from the franchise agreement. It is important for franchisees to understand this provision and consult with legal counsel to fully understand their rights under Washington law.