In Washington, can RCW 19.100.180 supersede the Brueggers Bagels franchise agreement regarding termination and renewal?

According to Brueggers Bagels' 2025 Franchise Disclosure Document, RCW 19.100.180, which is part of the Washington Franchise Investment Protection Act, may indeed supersede the franchise agreement between Brueggers Bagels and its franchisees in Washington, particularly concerning termination and renewal terms. This means that certain provisions within the standard Brueggers Bagels franchise agreement could be rendered unenforceable if they conflict with the stipulations of the Washington Franchise Investment Protection Act.

This protection is implemented through a Washington addendum to the franchise agreement. This addendum explicitly states that in the event of conflicting laws, the Washington Franchise Investment Protection Act will take precedence. The FDD also mentions that court decisions could also supersede the franchise agreement concerning termination and renewal.

For a prospective Brueggers Bagels franchisee in Washington, this is a crucial safeguard. It ensures that the franchisee's rights are protected under Washington law, even if the franchise agreement contains clauses that might otherwise infringe upon those rights. Franchisees should carefully review both the franchise agreement and the Washington Franchise Investment Protection Act to understand their rights and obligations fully.

It is also important to note that the addendum includes a provision regarding arbitration and mediation, stating that the venue for such proceedings involving a franchise purchased in Washington will be in Washington, unless otherwise agreed upon. This further protects the franchisee by ensuring that disputes are resolved in a location convenient to them, or as determined by the arbitrator or mediator.