Are provisions that unreasonably restrict the statute of limitations period for claims under the Washington Franchise Investment Protection Act enforceable for Bombs Away franchises in Washington?

According to Bombs Away's 2024 Franchise Disclosure Document, provisions that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act (WFIPA) may not be enforceable. This protection extends to rights or remedies under the Act, such as the right to a jury trial. This means that Bombs Away franchisees in Washington State may have the right to pursue claims under the WFIPA even if the franchise agreement contains language that attempts to shorten the time period in which they can bring those claims.

This addendum to the franchise agreement is designed to protect the franchisee's rights under Washington law. It ensures that franchisees are not forced to waive their rights under the WFIPA, except in very specific circumstances. These circumstances include a negotiated settlement after the franchise agreement is already in effect, and only if the franchisee is represented by independent counsel.

For a prospective Bombs Away franchisee in Washington, this is a significant protection. It means that the franchisee retains the full rights and remedies available under the WFIPA, and that Bombs Away cannot use the franchise agreement to unduly restrict those rights. Franchisees should consult with an attorney to fully understand their rights under the WFIPA and how they apply to their specific situation.