What is the effect of the Washington Addendum on the Caring Transitions Franchise Disclosure Document?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
ing fraud in the inducement, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
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- Conflict of Laws. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise. There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
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- Site of Arbitration, Mediation, and/or Litigation. 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.
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- General Release.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions's 2025 Franchise Disclosure Document, the Washington Addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements for franchisees in Washington. The addendum is an integral part of these documents, superseding any conflicting terms. This applies if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business operates in Washington.
Several specific provisions address potential conflicts with Washington law. Any provisions in the franchise agreement that prohibit a franchisee from communicating with regulators are void and unenforceable in Washington, as they conflict with the instructions in the Franchise Disclosure Document and are unlawful under RCW 19.100.180(2)(h). Additionally, any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims under state franchise law, including fraud, or disclaim reliance on statements made by the franchisor or its representatives. This provision overrides any conflicting terms in any document related to the franchise.
The addendum also includes an advisory regarding franchise brokers, who are defined as individuals engaged in the business of offering or selling franchises and represent the franchisor for a fee. The addendum advises franchisees to carefully evaluate any information provided by franchise brokers. Finally, the addendum requires signatures from both the franchisee and a representative of Caring Transitions to acknowledge receipt of the addendum, indicating its importance and legal standing.