In Washington, does the Bumper Man Franchise Disclosure Document get modified by the provisions of the Washington Addendum?
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. 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 except as provided for in RCW 19.100.220(2).
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- Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
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- Transfer Fees. Transfer fees are collectable only to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
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- Termination by Franchisee. The franchisee may terminate the franchise agreement under any grounds permitted under state law.
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- Certain Buy-Back Provisions. Provisions in franchise agreements or related agreements that permit the franchisor to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful pursuant to RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
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- Fair and Reasonable Pricing. Any provision in the franchise agreement or related agreements that requires the franchisee to purchase or rent any product or service for more than a fair and reasonable price is unlawful under RCW 19.100.180(2)(d).
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- Waiver of Exemplary & Punitive Damages. RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances. Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are 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).
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Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the provisions of the Washington Addendum do modify the Franchise Disclosure Document, the franchise agreement, and all related agreements for franchises in Washington. This modification applies if the offer to sell a franchise is accepted in Washington, if the purchaser of the franchise is a resident of Washington, or if the franchised business is to be located or operated, wholly or partly, in Washington.
The Washington Addendum includes several specific provisions that modify the standard franchise agreement. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will take precedence. Additionally, RCW 19.100.180 may supersede provisions in the franchise agreement, particularly concerning termination and renewal rights. Court decisions may also override aspects of the franchise agreement related to the franchisee's relationship with Bumper Man.
Furthermore, the addendum addresses the site of arbitration, mediation, and litigation, stating that for franchises purchased in Washington, these proceedings will occur in Washington or a mutually agreed-upon location. The addendum also clarifies that any release or waiver of rights that attempts 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. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may also be unenforceable.
Finally, the Washington Addendum specifies that transfer fees can only reflect Bumper Man's reasonable costs in effecting a transfer and that the franchisee may terminate the franchise agreement under any grounds permitted by state law. Any provision prohibiting communication with regulators is unlawful, and franchisees are advised to carefully evaluate information provided by franchise brokers.