Does the Washington Addendum modify all related agreements 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Washington Addendum is an integral part of the franchise agreement. The addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements. This modification applies if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business operates in Washington.
Specifically, the addendum addresses potential conflicts of law, stating that the Washington Franchise Investment Protection Act will take precedence. It also mentions the Franchisee Bill of Rights (RCW 19.100.180), which may supersede provisions in the franchise agreement, especially concerning termination and renewal. Additionally, court decisions could also override aspects of the franchise agreement related to the franchisee's relationship with Bumper Man.
This means that prospective Bumper Man franchisees in Washington should be aware that certain standard terms in the franchise agreement may not be fully enforceable due to state laws. It is important to carefully review the Washington Franchise Investment Protection Act and be aware of any relevant court decisions that could impact the franchise agreement. Franchisees should seek legal counsel to understand their rights and obligations under Washington law.