Does the Washington Addendum amend the Canopy Lawn Care Franchise Agreement?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent the Washington Franchise Investment Protection Act, Wash. Rev. Code §§19.100.010 – 19.100.940 applies, the terms of this Addendum apply.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 45–47)
What This Means (2025 FDD)
According to the 2025 Canopy Lawn Care Franchise Disclosure Document, the Washington Addendum does amend the Franchise Agreement. The addendum explicitly states that it applies to the extent that the Washington Franchise Investment Protection Act applies.
Specifically, the addendum amends the Franchise Agreement where there are conflicting provisions. It notes that RCW 19.100.180 may supersede the franchise agreement, particularly in areas of termination and renewal. Court decisions may also supersede the franchise agreement in these areas. The addendum also specifies that for any arbitration or mediation involving a franchise purchased in Washington, the venue will be in Washington or a mutually agreed-upon location. Franchisees may also bring actions in Washington related to the sale of franchises or violations of the Washington Franchise Investment Protection Act if litigation is not precluded by the franchise agreement.
Furthermore, the Washington Addendum clarifies that a franchisee's waiver of rights cannot include rights under the Washington Franchise Investment Protection Act, except in cases of a negotiated settlement with independent counsel after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may not be enforceable. Therefore, prospective Canopy Lawn Care franchisees in Washington should carefully review the addendum to understand their rights and how the Franchise Agreement is modified within the state.