Does the Washington Addendum modify the franchise agreement for Bumper Man?
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.
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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.
A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is 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).
In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the Washington Addendum does modify the franchise agreement. The FDD states that the provisions of the addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements. This applies if the offer to sell a franchise is accepted in Washington, the purchaser is a resident of Washington, or the franchised business is to be located or operated in Washington.
Specifically, the addendum addresses conflict of laws, stating that the Washington Franchise Investment Protection Act will prevail in the event of a conflict. It also mentions the Franchisee Bill of Rights (RCW 19.100.180), which may supersede provisions in the franchise agreement, particularly concerning termination and renewal. Furthermore, court decisions may also supersede the franchise agreement.
The addendum also covers the site of arbitration, mediation, and/or litigation, stipulating that for franchises purchased in Washington, the site will be in Washington or a mutually agreed-upon location. Additionally, if litigation is not precluded, a franchisee may bring an action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act. Finally, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless executed under specific conditions, such as a negotiated settlement with independent counsel after the agreement is in effect.