In Washington, what law prevails in case of conflict with the Boulder Designs franchise agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR THE STATE OF WASHINGTON
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 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 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, a 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 a 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.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, for franchises purchased in Washington, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail if there is a conflict of laws. Additionally, RCW 19.100.180 may supersede the franchise agreement, especially concerning termination and renewal aspects of the franchise. Court decisions may also supersede the franchise agreement in these areas.
For any arbitration or mediation involving a Boulder Designs franchise in Washington, the venue will be in Washington State or a location mutually agreed upon by both parties at the time of the arbitration or mediation, or as determined by the arbitrator or mediator. If litigation is not precluded by the franchise agreement, a franchisee can bring an action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act in Washington.
A release or waiver of rights executed by a Boulder Designs franchisee cannot include rights under the Washington Franchise Investment Protection Act or any related rule or order, unless it is part of a negotiated settlement after the agreement is in effect and both parties are represented by independent counsel. Provisions that unreasonably restrict the statute of limitations for claims under the Act, or rights or remedies such as the right to a jury trial, may not be enforceable. Transfer fees are collectable only to the extent that they reflect Boulder Designs' reasonable estimated or actual costs in effecting a transfer.