What is the purpose of specifying 'Chapter 19.100 RCW' in the Bw Premier Collection Rider?
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.
Transfer fees are collectable to the extent that they reflect our reasonable estimated or actual costs in effecting a transfer.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 FDD, the Bw Premier Collection Rider specifies 'Chapter 19.100 RCW' to ensure that the Washington Franchise Investment Protection Act prevails in the event of any conflict of laws. This is particularly relevant for Hotel Owners operating in Washington, residing in Washington, or if any franchise-related activities occurred in Washington. This ensures that the franchisee benefits from the protections offered by Washington state law.
RCW 19.100.180, a section within the Washington Franchise Investment Protection Act, may supersede the Distribution Agreement between Bw Premier Collection and the Hotel Owner, especially concerning termination and renewal terms. Additionally, court decisions may also override the agreement in these areas. This means that Washington state law provides specific safeguards for franchisees in Washington, potentially offering more favorable terms than the standard agreement.
Furthermore, any arbitration or mediation involving a Bw Premier Collection franchise purchased in Washington must occur within the state, unless otherwise agreed upon. Hotel Owners also have the right to bring legal action in Washington for issues related to franchise sales or violations of the Washington Franchise Investment Protection Act, if litigation is not precluded by the Distribution Agreement. This ensures that franchisees have access to local legal recourse and protection under Washington law.
Releases or waivers of rights executed by Hotel Owners cannot include rights under the Washington Franchise Investment Protection Act unless part of a negotiated settlement with independent legal representation after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights, such as the right to a jury trial, may not be enforceable. Transfer fees are collectable only to the extent that they reflect Bw Premier Collection's reasonable costs in effecting a transfer, providing additional protection to the franchisee.