In the event of a conflict of laws, which law prevails for Buns On Fire franchises in Washington?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 FDD, for Buns on Fire franchises operating in Washington state, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, takes precedence in any conflict of laws. This means that if there is a disagreement between the franchise agreement and the state's franchise laws, the state law will be followed. This protection is in place to ensure that franchisees are not subject to terms that violate Washington state law.
This addendum to Item 17 of the Buns on Fire Franchise Disclosure Document specifically addresses the franchisee's rights under Washington state law. It also clarifies that Washington state law (RCW 19.100.180) may supersede the franchise agreement in areas like termination and renewal. Furthermore, court decisions in Washington could also override the franchise agreement in these areas.
For a prospective Buns on Fire franchisee in Washington, this is a beneficial provision. It ensures that the franchisee's rights under the Washington Franchise Investment Protection Act are protected. The FDD also specifies that any release or waiver of rights by a franchisee does not include rights under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent counsel after the agreement is in effect. This prevents franchisees from unknowingly waiving their rights under state law. Additionally, transfer fees must reflect the franchisor's reasonable costs.