If litigation is not precluded, where can a Bumper Man franchisee bring an action in Washington?

According to the 2025 Bumper Man FDD, if the franchise agreement does not preclude litigation, a franchisee can initiate legal action in Washington under specific circumstances. This applies to actions or proceedings arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act. This provision ensures that Bumper Man franchisees operating in Washington have a local legal avenue for disputes related to franchise sales or violations of the state's franchise laws.

This clause is particularly important for prospective Bumper Man franchisees in Washington as it clarifies their legal rights and options within the state. It means that franchisees are not necessarily bound to out-of-state forums for certain legal issues, which can save on travel costs, legal fees, and time. The Washington Franchise Investment Protection Act is designed to protect franchisees from unfair practices, and this provision reinforces that protection by allowing franchisees to pursue legal remedies within the state.

It is important to note that this right to bring an action in Washington is conditional. It applies only if the franchise agreement itself does not contain clauses that preclude litigation. Franchisees should carefully review their franchise agreements to understand whether such clauses exist and how they might affect their ability to litigate in Washington. If there are clauses that appear to restrict this right, franchisees should seek legal advice to fully understand their options and rights under Washington law.