In Washington, what happens in the event of a conflict of laws with the Card My Yard franchise agreement?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provisions supersede any inconsistent provisions in the disclosure document and apply to all franchises offered and sold in the State of Washington:
-
- In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
-
- The State of Washington has a statute, RCW 19.100.180, which 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. If any of the provisions in this disclosure document or Franchise Agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the provisions of the Act will prevail over the inconsistent provisions of the disclosure document and Franchise Agreement, as applicable, with regard to any franchise sold in the State of Washington.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence if there is a conflict of laws. This means that any part of the franchise agreement that clashes with the Washington Franchise Investment Protection Act will be superseded by the provisions of the Act.
This protection is also reinforced by state statute RCW 19.100.180, which may supersede the Card My Yard Franchise Agreement, especially concerning termination and renewal. Court decisions may also override the agreement in these areas. The disclosure document emphasizes that if any part of the document or the Franchise Agreement is inconsistent with RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the Act's provisions will govern.
For a prospective Card My Yard franchisee in Washington, this means the state's franchise laws offer additional protection. Franchisees should be aware of the specific rights and obligations outlined in the Washington Franchise Investment Protection Act to ensure compliance and to understand their legal standing in relation to the franchise agreement. It would be prudent to consult with a legal professional familiar with Washington franchise law to fully understand these protections and how they apply to their specific situation.