factual

If there are inconsistencies between the Bonchon franchise agreement and the Washington Franchise Investment Protection Act, which provisions will prevail?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding anything to the contrary set forth in the Franchise Agreement, the following provisions will supersede and apply:

If any of the 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 provisions of the Act will prevail over the inconsistent provisions of the franchise disclosure document and franchise agreement with regard to any franchise sold in Washington.

Source: Item 23 — RECEIPTS (FDD pages 92–536)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement addresses which provisions prevail in the event of a conflict. For franchises sold in Washington, if any provisions within the franchise disclosure document or the franchise agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence. This ensures that Bonchon franchisees in Washington receive the full protection of their state's franchise laws.

This means that certain aspects of the standard Bonchon franchise agreement may be superseded by Washington state law. These include but are not limited to statutes of limitations, rights to a jury trial, and the franchisor-franchisee relationship with respect to termination and renewal. The purpose of this addendum is to ensure compliance with Washington state law and to protect the rights of franchisees operating in Washington.

Bonchon franchisees in Washington should be aware of this addendum and understand that certain provisions of the franchise agreement may be interpreted and enforced differently in Washington than in other states. It is important for prospective franchisees to carefully review both the franchise agreement and the Washington Franchise Investment Protection Act with legal counsel to fully understand their rights and obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.