What is the effect of RCW 49.62.060 on the City Publications franchise agreement in Washington?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR THE STATE OF WASHINGTON
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 isin effect and where the parties are represented by independent counsel. Provisionssuch asthose which unreasonably restrict
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, in the state of Washington, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence if there are conflicting laws. Additionally, RCW 19.100.180 may supersede the City Publications franchise agreement, especially concerning termination and renewal terms. Court decisions may also override the franchise agreement in matters of termination and renewal.
For City Publications franchisees in Washington, any arbitration or mediation must occur within the state, or in a mutually agreed location, or as determined by the arbitrator or mediator. Franchisees can also initiate legal action in Washington for issues related to franchise sales or violations of the Washington Franchise Investment Protection Act, provided litigation isn't precluded by the franchise agreement.
Furthermore, any release or waiver of rights from a City Publications franchisee cannot include rights protected under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent legal representation after the agreement is active. Provisions that unduly restrict the statute of limitations or rights under the Act, such as the right to a jury trial, may not be enforceable. Transfer fees are only collectable if they accurately reflect City Publications' reasonable costs in facilitating the transfer.