In Washington, what is the effect of the Washington Addendum on all related agreements for a Bumper Man franchise?

According to the 2025 Bumper Man FDD, the Washington Addendum is an integral part of the Franchise Disclosure Document, the franchise agreement, and all related agreements. This addendum modifies these documents, regardless of any conflicting information contained within them. The Washington Addendum applies if the offer to sell a Bumper Man franchise is accepted in Washington, if the purchaser is a resident of Washington, or if the franchised business is to be located or operated, wholly or partly, in Washington.

Specifically, in the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act will take precedence. The Franchisee Bill of Rights (RCW 19.100.180) may also supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Bumper Man, including termination and renewal terms. Court decisions may also supersede the franchise agreement or related agreements concerning the franchisee's relationship with the franchisor. Any franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to Washington state law.

Furthermore, for any arbitration or mediation involving a Bumper Man franchise purchased in Washington, the site will be in Washington, a mutually agreed-upon location, or as determined by the arbitrator or mediator. If litigation is not precluded by the franchise agreement, a franchisee can bring an action related to the sale of franchises or a violation of the Washington Franchise Investment Protection Act in Washington. Any release or waiver of rights requiring a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless it is part of a negotiated settlement after the agreement is in effect and the parties are represented by independent counsel, as per RCW 19.100.220(2). This also applies to releases or waivers executed during a renewal or transfer of a franchise, with the same exception.

Provisions in the franchise agreement or related agreements that unreasonably restrict the statute of limitations for claims under the Washington Franchise Investment Protection Act, or rights such as a jury trial, may not be enforceable. Transfer fees are only collectable to the extent that they reflect Bumper Man's reasonable estimated or actual costs in effecting a transfer. The franchisee can terminate the franchise agreement under any grounds permitted by state law. Provisions allowing Bumper Man to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful, unless the franchise is terminated for good cause. If the franchise agreement or related agreements require a franchisee to reimburse Bumper Man for court costs or expenses, including attorneys' fees, such provision applies only if Bumper Man is the prevailing party in any judicial or arbitration proceeding.

Noncompetition covenants are void and unenforceable against an employee of a Bumper Man franchisee unless the employee's earnings exceed $100,000 per year (adjusted annually for inflation), or against an independent contractor of a franchisee unless their earnings exceed $250,000 per year (adjusted annually for inflation). Bumper Man is also prohibited from restricting a franchisee from soliciting or hiring any employee of another franchisee of Bumper Man or any employee of Bumper Man itself. Finally, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Bumper Man or its representatives; this provision supersedes any other conflicting term.