Can a Body20 franchisee bring an action in Washington if litigation is not precluded by the franchise agreement?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, if litigation is not precluded by the 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 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, a franchisee may bring an action in Washington under specific conditions. If the franchise agreement does not preclude litigation, a Body20 franchisee can initiate legal proceedings in Washington. This action must arise from or be connected to the sale of franchises or involve a violation of the Washington Franchise Investment Protection Act.
This provision ensures that Body20 franchisees operating in Washington have the right to seek legal recourse within the state under certain circumstances. It protects their ability to address grievances related to franchise sales or violations of the Washington Franchise Investment Protection Act. The FDD also states that the Washington Franchise Investment Protection Act will prevail if there is a conflict of laws.
This right is contingent on the franchise agreement not precluding litigation, meaning the agreement must not contain clauses that force disputes into arbitration or otherwise prevent lawsuits. Prospective Body20 franchisees should carefully review the franchise agreement to understand any clauses that might limit their ability to litigate in Washington. Franchisees should seek legal counsel to fully understand their rights and obligations under Washington law.