Is there a specific Washington statute that addresses termination rights for Bumper Man franchisees?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
anchising Act are independently met, without reference to these Additional Disclosures to the Disclosure Document.
WASHINGTON
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.
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- Site of Arbitration, Mediation, and/or Litigation. In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
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- General Release.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, several sections of the Washington Franchise Investment Protection Act (chapter 19.100 RCW) address the rights of franchisees, including termination rights. Specifically, RCW 19.100.180 may supersede provisions in the franchise agreement concerning the franchisee's relationship with Bumper Man, including termination and renewal. Additionally, the franchisee may terminate the franchise agreement under any grounds permitted under state law. These provisions are integrated into the franchise agreement if the offer to sell a franchise is accepted in Washington, the purchaser is a Washington resident, or the franchised business is located or operated in Washington.
Furthermore, provisions in franchise agreements that allow Bumper Man to repurchase the franchisee's business during the term without the franchisee's consent are unlawful under RCW 19.100.180(2)(j), unless the franchise is terminated for good cause. This statute aims to protect franchisees from unfair buy-back provisions. Also, a release or waiver of rights that requires the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is void, unless it is part of a negotiated settlement after the agreement is in effect and both parties are represented by independent counsel, as per RCW 19.100.220(2).
These statutes provide significant protections for Bumper Man franchisees in Washington, ensuring that their rights regarding termination, renewal, and the overall franchisor-franchisee relationship are safeguarded by state law. Prospective franchisees should carefully review these statutes and consult with legal counsel to fully understand their rights and obligations under the franchise agreement.