How does RCW 19.100.180 potentially affect the Bw Premier Collection Distribution 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.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to Bw Premier Collection's 2025 Franchise Disclosure Document, RCW 19.100.180, which is part of the Washington Franchise Investment Protection Act, may supersede the standard Distribution Agreement between Bw Premier Collection and a hotel owner in Washington state. This means that the provisions of RCW 19.100.180 could take precedence over the terms outlined in the Distribution Agreement, particularly in matters concerning the termination and renewal of the franchise.
This legal provision ensures that franchisees in Washington state receive the protections afforded to them under Washington law. It also acknowledges that court decisions could further modify the application of the Distribution Agreement, especially regarding termination and renewal.
For a prospective Bw Premier Collection franchisee in Washington, this means that certain clauses in the Distribution Agreement may not be fully enforceable if they conflict with the state's franchise laws. Franchisees should be aware of their rights under the Washington Franchise Investment Protection Act, as these rights could impact the terms of their franchise, especially when it comes to ending or extending the franchise relationship. It would be prudent for potential franchisees to seek legal counsel to fully understand the implications of RCW 19.100.180 and how it interacts with the Distribution Agreement.