How might RCW 19.100.180 affect the Canopy Lawn Care franchise agreement?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your 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 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 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 45–47)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, RCW 19.100.180, a provision within the Washington Franchise Investment Protection Act, may supersede the franchise agreement between Canopy Lawn Care and its franchisees in Washington state. This means that the terms of RCW 19.100.180 could take precedence over conflicting terms in the franchise agreement, particularly concerning the termination and renewal of the franchise.
This addendum indicates that Washington law provides specific protections to franchisees operating within the state. These protections extend to the location of arbitration or mediation, stipulating that it must occur in Washington unless otherwise agreed upon. Additionally, franchisees have the right to bring legal action in Washington for issues arising from the sale of the franchise or violations of the Washington Franchise Investment Protection Act, if litigation isn't precluded by the franchise agreement.
Furthermore, any release or waiver of rights signed by a Canopy Lawn Care franchisee cannot waive rights granted under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent legal representation after the franchise agreement is already in effect. Provisions that unreasonably restrict the statute of limitations for claims or limit rights and remedies under the Act, such as the right to a jury trial, may not be enforceable. Therefore, Canopy Lawn Care franchisees in Washington should be aware of these protections and how they may impact their franchise agreement.