What aspects of the Circle K franchise agreement in Washington may be superseded by RCW 19.100.180?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
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. A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, RCW 19.100.180, the Washington Franchise Investment Protection Act, may supersede the franchise agreement in Washington, particularly concerning franchise termination and renewal. This means that certain provisions within the Circle K franchise agreement that conflict with the state's franchise laws may not be enforceable.
This protection extends to ensuring that the arbitration or mediation site for disputes involving a franchise purchased in Washington will be in Washington, unless otherwise agreed upon. Franchisees in Washington also have the right to bring legal action in Washington for issues arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act, regardless of what the franchise agreement might otherwise state.
Furthermore, any release or waiver of rights by a Circle K franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it's part of a negotiated settlement with independent legal representation after the agreement is already in effect. Provisions that unreasonably limit the statute of limitations for claims or rights to remedies, such as a jury trial, may also be unenforceable. Transfer fees are only collectable to the extent that they reflect Circle K's reasonable costs in effecting a transfer.