What law governs the Bw Premier Collection agreement?
Bw_Premier_Collection 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 will prevail.
RCW 19.100.180 may supersede this Agreement in Hotel Owner's relationship with BWI including the areas of termination and renewal of Hotel Owner's franchise. There may also be court decisions which may supersede this Agreement in Hotel Owner's relationship with BWI including the areas of termination and renewal of Hotel Owner's franchise.
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 this Agreement, Hotel Owner 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.
A release or waiver of rights executed by Hotel Owner may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 FDD, the Bw Premier Collection agreement is generally governed by the law specified in Section 4.l of the Distribution Agreement. However, this is subject to certain state-specific regulations.
For franchisees in Washington, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, takes precedence in case of conflicting laws. Specifically, RCW 19.100.180 may supersede the agreement, especially concerning termination and renewal rights. The FDD also notes that court decisions could further modify the agreement in these areas. Any arbitration or mediation for franchises purchased in Washington must occur in Washington State unless otherwise agreed upon. Franchisees in Washington retain their rights under the Washington Franchise Investment Protection Act, and provisions that unreasonably limit the statute of limitations or rights to a jury trial may not be enforceable.
For franchisees in Rhode Island, Rhode Island law applies to claims arising under the Rhode Island Franchise Investment Act, regardless of what Section 4.l of the Distribution Agreement states. Franchisees can bring actions in Rhode Island for claims under this Act, and no statement can waive claims under state franchise law or disclaim reliance on franchisor statements.
For franchisees in Maryland, Maryland law governs claims arising under the Maryland Franchise Registration and Disclosure Law, and franchisees can bring actions in Maryland for claims under this law. The three-year statute of limitations for claims under the Maryland Franchise Registration and Disclosure Law cannot be reduced by any agreement terms. For franchisees in Minnesota, Bw Premier Collection will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5, providing specific notice periods for termination (90 days with 60 days to cure) and non-renewal (180 days), except in certain cases. Minnesota law also prohibits Bw Premier Collection from requiring litigation outside Minnesota, waiving jury trials, or consenting to liquidated damages or termination penalties. The agreement cannot reduce any rights provided under Minnesota Statutes, Chapter 80C.