In Washington, what is the name of the Washington Franchise Investment Protection Act that affects 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, the franchise agreement in Washington is affected by the Washington Franchise Investment Protection Act, Chapter 19.100 RCW. The FDD states that in the event of conflicting laws, the provisions of this Act will take precedence.
This means that certain sections of the franchise agreement, particularly those concerning termination and renewal, may be superseded by RCW 19.100.180 or relevant court decisions in Washington. Therefore, prospective Boulder Designs franchisees in Washington should be aware that the state's franchise laws offer certain protections that may override the standard terms of the franchise agreement.
Furthermore, any arbitration or mediation involving a Boulder Designs franchise purchased in Washington must occur within the state, unless otherwise agreed upon. Franchisees also have the right to bring legal action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act, if litigation is not precluded by the franchise agreement. Additionally, franchisees cannot waive their rights under the Washington Franchise Investment Protection Act, except in specific circumstances such as a negotiated settlement with independent legal representation. Transfer fees must also reflect the franchisor's reasonable costs.