Can a Canine Dimensions franchisee bring an action in Washington for violations of the Washington Franchise Investment Protection Act?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the franchise agreement, a franchisee 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 a franchisee 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 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, a franchisee may bring an action in Washington if litigation is not precluded by the franchise agreement. This action or proceeding must arise out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act.
This means that if a Canine Dimensions franchisee in Washington believes the franchisor has violated the Washington Franchise Investment Protection Act, they have the right to sue Canine Dimensions in Washington state, assuming the franchise agreement does not contain language that would prevent such litigation. This protection ensures that franchisees are not forced to pursue legal action in a distant or inconvenient jurisdiction.
It is important to note that a release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. This provision protects franchisees from unknowingly waiving their rights under the Act.