Does Washington state law RCW 19.100.180 potentially supersede the Bonchon Franchise Agreement regarding termination and renewal?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
The state of Washington has a statute, RCW 19.100.180 which 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 the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Washington state law RCW 19.100.180 may indeed supersede the standard Bonchon Franchise Agreement, specifically in matters of franchise termination and renewal. This means that certain provisions within the franchise agreement that conflict with the state law might not be enforceable in Washington.
This potential superseding of the franchise agreement is further reinforced by the possibility of court decisions that could also take precedence over the agreement in the same areas of termination and renewal. Bonchon acknowledges that in the event of any conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence.
For a prospective Bonchon franchisee in Washington, this is a crucial point. It suggests that the standard terms of the franchise agreement are not the final word and that state law offers certain protections. It would be prudent for potential franchisees to seek legal counsel to fully understand their rights and obligations under both the franchise agreement and Washington state law, particularly concerning termination and renewal.