In the event of conflicting laws, which law prevails for a Bumper Man franchise in Washington?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Conflict of Laws. Section 24(b) of the Franchise Agreement will be supplemented by the addition of the following Sentence: "Notwithstanding anything contained in this Section 24(b) to the contrary, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail."
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede this Agreement in Franchisee's relationship with Franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede this Agreement in Franchisee's relationship with Franchisor including the areas of termination and renewal of your franchise.
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- Site of Arbitration, Mediation, and/or Litigation. 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 this Agreement, you may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Act, in Washington.
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- General Release. A release or waiver of rights executed by Franchisee will not include rights under the Washington Franchise Investment Protection Act except when executed pursuant to a negotiated settlement after the Franchise 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 Washington Franchise Investment Protection Act or rights or remedies under the Washington Franchise Investment Protection Act such as a right to trial by jury may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, specifically Item 23 concerning receipts, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail in the event of conflicting laws. This means that if there is a conflict between any provision in the franchise agreement and the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence.
This protection is significant for prospective Bumper Man franchisees in Washington because it ensures that the franchisee's rights under Washington law are protected. The FDD also states that RCW 19.100.180 may supersede the Franchise Agreement in areas of termination and renewal, and court decisions may also supersede the agreement in these areas. This provides an additional layer of protection for franchisees, ensuring that their rights are not limited by the franchise agreement.
Furthermore, the FDD specifies that in any arbitration or mediation involving a Bumper Man franchise purchased in Washington, the site will be in Washington or a mutually agreed-upon location. Franchisees also have the right to bring legal action in Washington for violations of the Act or issues arising from the sale of franchises. Additionally, any release or waiver of rights by the franchisee will not include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement with independent counsel after the franchise agreement is in effect. These provisions collectively reinforce the legal protections afforded to Bumper Man franchisees in Washington.