How does the Washington Franchise Investment Protection Act potentially affect the termination and renewal terms of a Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum to the Franchise Agreement between Bumper Man, Inc. ("Franchisor") and | |
|---|---|
| ("Franchisee") is dated Capitalized terms not | |
| defined in this Addendum have the meanings given in the Franchise Agreement. Notwithstanding anything | |
| which may be contained in the Franchise Agreement to the contrary, the Franchise Agreement is amended | |
| to include the following: |
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. Section 24(b) of the Franchise Agreement will be supplemented by the addition of the following Sentence: "Notwithstanding anything contained in this Section 24(b) to the contrary, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail."
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede this Agreement in Franchisee's relationship with Franchisor including the areas of termination and renewal of your franchise.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement states that the Washington Franchise Investment Protection Act (Chapter 19.100 RCW) may supersede the standard agreement in areas concerning the termination and renewal of a Bumper Man franchise. This means that certain provisions in the franchise agreement regarding termination and renewal might not be enforceable if they conflict with the state's franchise laws. Court decisions may also supersede the agreement in these areas.
This addendum serves to protect franchisees in Washington by ensuring that the state's franchise laws take precedence over conflicting terms in the franchise agreement. For example, standard clauses that might allow Bumper Man to terminate or deny renewal of a franchise under conditions not permitted by Washington law could be deemed unenforceable. This protection extends to certain rights and remedies provided under the Washington Franchise Investment Protection Act, such as the right to a jury trial, which cannot be unreasonably restricted or limited.
Furthermore, any release or waiver of rights executed by a Bumper Man franchisee will not include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement after the franchise agreement is already in effect, and both parties are represented by independent legal counsel. This provision prevents franchisees from unknowingly or unintentionally giving up their rights under the Act. Prospective franchisees should consult with an attorney to fully understand their rights and obligations under both the franchise agreement and the Washington Franchise Investment Protection Act.