Can a Bumper Man franchisee bring an action in Washington for a violation of the Washington Franchise Investment Protection Act?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, a franchisee may bring an action in Washington for a violation of the Washington Franchise Investment Protection Act if litigation is not precluded by the franchise agreement. This means that Bumper Man franchisees who purchase a franchise in Washington have the right to pursue legal action in Washington state courts if they believe Bumper Man has violated the Washington Franchise Investment Protection Act, provided the franchise agreement does not contain any clauses preventing litigation.
This protection is significant for prospective Bumper Man franchisees in Washington because it ensures they have a local legal avenue to address grievances related to franchise sales or violations of the state's franchise laws. The FDD also states that any arbitration or mediation involving a franchise purchased in Washington will occur in Washington, unless otherwise agreed upon. This further protects the franchisee by ensuring that dispute resolution processes are conveniently located.
It is important for potential Bumper Man franchisees to carefully review the franchise agreement to understand if there are any clauses that might preclude litigation. If such clauses exist, it could limit their ability to bring an action in Washington, even for violations of the Washington Franchise Investment Protection Act. Franchisees should seek legal counsel to fully understand their rights and obligations under the franchise agreement and Washington state law.