What rights does the Bumble Roofing franchisee waive regarding the Virginia Retail Franchising Act?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties agree that the Virginia Retail Franchising Act, or any other state law or regulation applicable to the offer or sale of franchises or the franchise relationship, will not apply unless the jurisdictional provisions are independently met.
Franchisee waives, to the fullest extent permitted by law, the rights and protections provided by the Virginia Retail Franchising Act.
Franchisee and Franchisor have negotiated regarding a forum in which to resolve any disputes which may arise between them and have agreed to select a forum in order to promote stability in their relationship.
Therefore, if a claim is asserted in any legal proceeding involving Franchisee, its officers or directors and Franchisor, its officers, directors, shareholders, members, employees or Affiliates both parties agree that the venue for disputes between them shall be in the Commonwealth of Virginia and each waive any objection either may have to the personal jurisdiction of or venue in the Commonwealth of Virginia.
However, Franchisor reserves the right to file any claims it may have against Franchisee in the federal or state court where the Business is located.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, a franchisee waives rights and protections provided by the Virginia Retail Franchising Act to the fullest extent permitted by law. The document specifies that the Virginia Retail Franchising Act, or any other state law or regulation applicable to the offer or sale of franchises or the franchise relationship, will not apply unless the jurisdictional provisions are independently met.
This waiver means that franchisees may not be able to rely on the protections that the Virginia Retail Franchising Act would otherwise provide. These protections often relate to aspects of the franchise relationship such as termination, renewal, and dispute resolution. By agreeing to the franchise agreement, the franchisee is giving up some of the legal safeguards that the state law offers to protect them in their business relationship with Bumble Roofing.
Furthermore, the Bumble Roofing franchise agreement stipulates that it will be interpreted under the laws of the Commonwealth of Virginia, except to the extent governed by the United States Trademark Act of 1946, the Federal Arbitration Act, or other applicable federal law. Any dispute between the parties will be governed by and determined in accordance with the procedural and substantive laws of Virginia, which will prevail in the event of any conflict of law. The venue for disputes will be in the Commonwealth of Virginia, and the franchisee waives any objection to the personal jurisdiction or venue in Virginia. However, Bumble Roofing retains the right to file claims against the franchisee in the federal or state court where the business is located.