What is the name of the Washington law that may supersede the Boulder Designs Franchise Agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provision of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW (the "Act") will prevail.
RCW 19.100.180 may supersede the Franchise Agreement in your relationship with 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 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, 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 of waiver of rights executed by 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 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, may supersede the franchise agreement. This means that certain provisions of the Washington law will take precedence over conflicting terms in the Boulder Designs Franchise Agreement in the state of Washington.
Specifically, RCW 19.100.180 may supersede the Franchise Agreement in areas concerning the termination and renewal of the franchise. Additionally, court decisions may also supersede the Franchise Agreement in these same areas. This indicates that Washington franchisees have certain protections under state law regarding the continuation of their franchise relationship with Boulder Designs.
For a Boulder Designs franchise purchased in Washington, any arbitration or mediation will occur in Washington or a mutually agreed-upon location. Franchisees may also bring legal action related to franchise sales or violations of the Washington Franchise Investment Protection Act in Washington state, if litigation is not precluded by the Franchise Agreement. Furthermore, any release or waiver of rights must adhere to the Washington Franchise Investment Protection Act, especially concerning rights to a jury trial or limitations on the statute of limitations for claims under the Act. These provisions ensure that Washington franchisees retain specific legal rights and protections that cannot be easily waived or restricted by the franchise agreement.