In the event of a conflict of laws, which law prevails for a Cilantro Taco Grill franchise in Washington?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
Each provision of this Amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Washington Franchise Investment Law are met independently without reference to this Amendment.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill FDD, for a franchise in Washington, the jurisdictional requirements of the Washington Franchise Investment Law must be met independently for each provision of the franchise agreement, without reference to any amendment. This means that the Washington Franchise Investment Law takes precedence in determining the enforceability of the franchise agreement's provisions within Washington.
Furthermore, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Cilantro Taco Grill. This provision supersedes any other term in any document related to the franchise agreement, reinforcing the priority of state franchise laws.
In practical terms, this means that if there is a conflict between the standard Cilantro Taco Grill franchise agreement and the laws of Washington State, the Washington laws will govern. This protects franchisees in Washington by ensuring that they are not bound by contract terms that violate state law, especially concerning waivers of rights or disclaimers of reliance on franchisor statements.