In the event of a conflict of laws for a Circle K franchise in Washington, which law prevails?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
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.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, for franchises sold in Washington state, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is a disagreement or inconsistency between the standard franchise agreement and Washington state law, the state law will take precedence.
This protection is further reinforced by the statement that RCW 19.100.180 may supersede the franchise agreement, particularly in areas concerning termination and renewal of the franchise. Additionally, court decisions may also override the franchise agreement in these specific areas.
Circle K franchisees in Washington also have specific rights regarding legal proceedings. Any arbitration or mediation must occur within Washington state unless otherwise agreed upon. Franchisees can also bring legal action in Washington if it relates to the sale of the franchise or a violation of the Washington Franchise Investment Protection Act. Furthermore, franchisees cannot waive their rights under the Washington Franchise Investment Protection Act, ensuring continued protection under state law.