Can provisions in the Bumper Man franchise agreement unreasonably restrict the statute of limitations period for claims?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the enforceability of provisions in the franchise agreement that might unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act may be limited. This also applies to rights or remedies under the Act, such as the right to a jury trial.
This means that if a Bumper Man franchisee in Washington brings a claim under the Washington Franchise Investment Protection Act, any clause in the franchise agreement that attempts to shorten the time they have to file that claim, or waive their right to a jury trial, may not be upheld by a court. This protection is designed to ensure that franchisees have a fair opportunity to pursue legal remedies.
It is important for prospective Bumper Man franchisees in Washington to be aware of this protection, as franchise agreements often contain clauses that could be interpreted as limiting franchisees' legal rights. Franchisees should consult with an attorney to understand their rights under the Washington Franchise Investment Protection Act and to ensure that the franchise agreement does not contain any unenforceable provisions.