What happens to provisions in the Bombs Away franchise agreement that conflict with Washington's prohibitions on restricting franchisee hiring?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, any provisions within the franchise agreement that restrict a franchisee from soliciting or hiring employees of either another Bombs Away franchisee or Bombs Away itself are considered void and unenforceable in the state of Washington. This is due to RCW 49.62.060, a Washington state law that specifically prohibits such restrictions. This means that Bombs Away franchisees in Washington have the freedom to recruit and hire employees from within the Bombs Away franchise network or from Bombs Away corporate, without contractual limitations.
This protection for franchisees in Washington ensures they are not unduly limited in their ability to staff their businesses. It allows for a more open labor market within the Bombs Away system in Washington, potentially fostering competition and innovation as employees can move between different Bombs Away locations or from the corporate entity to a franchise.
Prospective Bombs Away franchisees in Washington should be aware of this provision as it provides them with greater flexibility in managing their workforce. It is important to understand that this addendum specifically addresses and overrides any conflicting terms that may be present in the standard Bombs Away franchise agreement, ensuring compliance with Washington state law.