In the event of a conflict of laws, which provisions prevail for a Bonchon franchise in Washington?

According to Bonchon's 2025 Franchise Disclosure Document, specifically within the Washington Addendum to the Franchise Agreement, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence in the event of any conflict of laws. This means that if there is a discrepancy between any clause in the franchise agreement and the stipulations laid out in the Washington Franchise Investment Protection Act, the Act's provisions will be the governing standard for Bonchon franchises operating in Washington.

This protection is further reinforced by additional clauses within the Washington Addendum. It states that if any provisions in the franchise disclosure document or franchise agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the Act's provisions will prevail. This ensures that the franchisee's rights and the franchisor's obligations are clearly defined and protected under Washington law.

For a prospective Bonchon franchisee in Washington, this is a significant safeguard. It means that certain standard clauses in the franchise agreement, which might be favorable to Bonchon, are superseded by the state's franchise laws. This includes areas such as termination and renewal of the franchise, where state statutes (RCW 19.100.180) and court decisions can override the franchise agreement. Moreover, any release or waiver of rights executed by a franchisee will not include rights under the Washington Franchise Protection Act unless it is part of a negotiated settlement with independent legal representation, ensuring franchisees are not unknowingly relinquishing their legal protections.

Therefore, a Bonchon franchisee in Washington benefits from the state's proactive stance in protecting franchisees, ensuring that the franchise agreement aligns with state laws and provides a fair and balanced relationship between the franchisee and Bonchon.