How might RCW 19.100.180 affect the Bumper Man franchise agreement?
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.
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- Conflict of Laws.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
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- Franchisee Bill of Rights.
RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise.
There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor.
Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, RCW 19.100.180, the Washington Franchise Investment Protection Act, may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Bumper Man, including in areas of termination and renewal. This means that certain terms in the franchise agreement that conflict with RCW 19.100.180 may not be enforceable in Washington. Additionally, court decisions could also supersede the franchise agreement. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
Specifically, RCW 19.100.180(2)(j) makes it unlawful for Bumper Man to repurchase a franchisee's business during the term of the agreement without the franchisee's consent, unless the franchise is terminated for good cause. RCW 19.100.180(2)(d) also makes it unlawful for Bumper Man to require a franchisee to purchase or rent any product or service for more than a fair and reasonable price. Furthermore, RCW 19.100.180(1) requires Bumper Man and its franchisees to deal with each other in good faith, which may limit or supersede provisions stating that Bumper Man may exercise its discretion based on reasonable business judgment.
For a prospective Bumper Man franchisee in Washington, this means that certain clauses in the franchise agreement that might seem unfavorable could be overridden by state law. It is important for franchisees to understand their rights under Washington law and to consult with an attorney to ensure that the franchise agreement complies with all applicable regulations. This protection ensures a fairer balance of power between the franchisor and franchisee, particularly in matters of termination, pricing, and the franchisor's business decisions.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail. 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.