factual

Under what circumstances might RCW 19.100.180 supersede the Software License Agreement in a Bonchon franchise relationship?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

The following provisions will supersede anything to the contrary in the Software License Agreement and will apply to all franchises offered and sold under the laws of the State of Washington:

In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.

RCW 19.100.180 may supersede the Software License Agreement in your relationship with the franchisor including the areas of termination and renewal of the Software License Agreement.

There may also be court decisions which may supersede the Software License Agreement in your relationship with the franchisor including the areas of termination and renewal of the Software License Agreement.

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

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, for franchises offered and sold in Washington state, RCW 19.100.180, a statute within the Washington Franchise Investment Protection Act, may supersede the Software License Agreement between Bonchon and the franchisee. This specifically includes areas related to the termination and renewal of the Software License Agreement. This means that certain provisions of the Washington Franchise Investment Protection Act could take precedence over what is written in the Software License Agreement.

This addendum to the Software License Agreement is crucial for prospective Bonchon franchisees in Washington because it highlights that the state's franchise laws offer certain protections that override the standard contractual terms. Franchisees should be aware that the terms of termination and renewal outlined in the Software License Agreement might not be fully enforceable if they conflict with RCW 19.100.180. This could impact the franchisee's ability to renew their license or the conditions under which Bonchon can terminate the agreement.

Furthermore, the FDD notes that court decisions may also supersede the Software License Agreement in areas of termination and renewal. This implies that legal precedents in Washington could further modify the terms initially agreed upon in the Software License Agreement. Therefore, it is essential for franchisees to stay informed about relevant court rulings that could affect their rights and obligations.

Given these stipulations, prospective Bonchon franchisees in Washington should seek legal counsel to fully understand the implications of RCW 19.100.180 and any relevant court decisions on their franchise agreement and software license. Understanding these state-specific protections is vital for making informed decisions and safeguarding their investment.

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.