Does the Washington Addendum only apply to the franchise agreement for Bumper Man?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the Washington Addendum modifies not only the franchise agreement but also the Franchise Disclosure Document and all related agreements. The 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.
Specifically, the Washington Addendum addresses potential conflicts of law, stating that the provisions of the Washington Franchise Investment Protection Act will prevail in such cases. It also points out that RCW 19.100.180, which concerns franchisee rights, may supersede provisions in the franchise agreement, especially regarding termination and renewal. Additionally, court decisions could also override aspects of the franchise agreement.
This means that prospective Bumper Man franchisees in Washington need to be aware of how Washington state law interacts with and potentially alters the standard franchise agreement. They should carefully review the Washington Franchise Investment Protection Act and any relevant court decisions to fully understand their rights and obligations. The FDD also advises that franchise agreement provisions, including those summarized in Item 17, are subject to state law.