What rights does a Bumper Man franchisee have under RCW 19.100.180?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
y Franchisee**. The franchisee may terminate the franchise agreement under any grounds permitted under state law.
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- Certain Buy-Back Provisions. Provisions in franchise agreements or related agreements that permit the franchisor to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful pursuant to RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
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- Fair and Reasonable Pricing. Any provision in the franchise agreement or related agreements that requires the franchisee to purchase or rent any product or service for more than a fair and reasonable price is unlawful under RCW 19.100.180(2)(d).
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- Waiver of Exemplary & Punitive Damages. RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances. Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are void, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
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- Franchisor's Business Judgement.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, RCW 19.100.180 provides certain protections and rights to franchisees in Washington. Specifically, it states that provisions in the franchise agreement allowing Bumper Man to repurchase the franchisee's business for any reason during the term without the franchisee's consent are unlawful unless the termination is for good cause. This means Bumper Man cannot arbitrarily buy back a franchise location without demonstrating a legitimate reason for termination.
Additionally, any clause requiring a franchisee to purchase or rent products or services at more than a fair and reasonable price is unlawful under RCW 19.100.180(2)(d). This protects franchisees from being overcharged for essential supplies or services needed to operate the Bumper Man franchise. The law also states that provisions allowing Bumper Man to exercise discretionary business judgment may be limited or superseded by RCW 19.100.180(1), which mandates that both parties deal with each other in good faith. This ensures Bumper Man must act honestly and fairly in its dealings with franchisees.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail. 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. These stipulations ensure that Bumper Man franchisees operating in Washington are afforded specific rights and protections under state law, regardless of what the franchise agreement may state.