In Washington, what law prevails in the event of a conflict of laws regarding a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, for franchises located or operated in Washington, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is any disagreement or inconsistency between the franchise agreement and Washington state law, the state law will take precedence. This protection applies if the offer to sell the franchise is accepted in Washington, the purchaser is a resident of Washington, or the franchised business is located or operated in Washington.
This clause is significant for prospective Bumper Man franchisees in Washington because it ensures that their rights and obligations are primarily governed by Washington law, which is designed to protect franchisees. Franchisees should be aware that RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning their relationship with Bumper Man, including in areas of termination and renewal. Additionally, court decisions may also supersede the franchise agreement or related agreements concerning the franchisee's relationship with the franchisor.
Bumper Man's FDD also states that any release or waiver of rights in the franchise agreement that requires the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is void. The only exception is when the release is 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). This protection extends to releases or waivers executed in connection with a renewal or transfer of a franchise, ensuring franchisees cannot unknowingly or unfairly surrender their legal protections under state law.