In Washington, which law prevails in case of conflict with the Bombs Away franchise agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail.
RCW 19.100.180 may supersede the 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 franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. 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.
A release or waiver of rights executed by a franchisee may 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, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the Washington Addendum specifies that in the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence. This means that if any part of the franchise agreement clashes with the state's franchise laws, the state law will be upheld. This protection is specific to franchisees operating in Washington.
Furthermore, RCW 19.100.180 may supersede the franchise agreement, particularly in areas concerning termination and renewal of the franchise. Court decisions may also override the franchise agreement in these areas. This indicates that Washington franchisees have additional safeguards beyond the standard terms of the Bombs Away franchise agreement.
For any arbitration or mediation involving a Bombs Away franchise purchased in Washington, the venue must be in Washington State or a location mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator. Additionally, if litigation is not precluded by the franchise agreement, a franchisee can bring legal action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act in Washington. This ensures that Washington franchisees have access to local legal avenues for resolving disputes.
A release or waiver of rights executed by a Bombs Away franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement after the agreement is in effect and the franchisee is represented by independent counsel. Provisions that unreasonably restrict the statute of limitations for claims or rights under the Act, such as the right to a jury trial, may not be enforceable. This provision protects franchisees from unknowingly waiving their legal rights under state law.