How does the Washington Addendum modify the Chesters Franchise Disclosure Document and related agreements?
Chesters Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, FRANCHISE REPRESENTATIONS, AND 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.
- 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.
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.
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.
-
- General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — **RECEIPTS (FDD pages 48–197)
What This Means (2025 FDD)
According to Chesters's 2025 Franchise Disclosure Document, the Washington Addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements for franchisees in Washington. This addendum becomes an integral part of these documents, taking effect if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business operates in Washington.
The addendum addresses several key legal aspects. In case of conflicting laws, the Washington Franchise Investment Protection Act will take precedence. It also states that RCW 19.100.180, the Franchisee Bill of Rights, may override certain provisions in the franchise agreement, especially concerning termination and renewal. Additionally, court decisions may also supersede the franchise agreement terms related to the franchisee's relationship with Chesters.
Regarding dispute resolution, any arbitration or mediation involving a Chesters franchise purchased in Washington must occur in Washington, or at a mutually agreed location, or as determined by the arbitrator or mediator. Franchisees can also bring legal actions related to franchise sales or violations of the Washington Franchise Investment Protection Act in Washington. Furthermore, any general release or waiver of rights that doesn't comply with the Washington Franchise Investment Protection Act is void unless it's part of a negotiated settlement with independent counsel after the agreement is in effect, or in specific cases of renewal or transfer as per RCW 19.100.220(2). Provisions that unreasonably limit the statute of limitations for claims or rights under the Act, such as the right to a jury trial, may not be enforceable.