If a Bumper Man franchise is operated partly in Washington, does the Washington Addendum apply?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the Washington Addendum does apply if the franchised business is to be located or operated, wholly or partly, in Washington. This means that even if only a portion of the Bumper Man franchise's operations are based in Washington, the provisions of the Washington Addendum will be integrated into the Franchise Disclosure Document, the franchise agreement, and all related agreements.
This addendum modifies the standard franchise agreement to comply with Washington state law. Specifically, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will take precedence. Additionally, RCW 19.100.180, which concerns franchisee rights, may supersede certain provisions in the franchise agreement, particularly regarding termination and renewal.
The FDD also notes that court decisions may further modify the franchise agreement concerning the franchisee's relationship with Bumper Man. Therefore, prospective franchisees should carefully review the Washington Addendum and understand how it alters the standard franchise agreement to ensure compliance with Washington law.
In summary, if a Bumper Man franchise operates even partially within Washington, the Washington Addendum is fully applicable, potentially altering the standard terms of the franchise agreement to align with Washington's specific legal requirements and franchisee protections.