In the event of a conflict of laws regarding a City Publications franchise in Washington, which law prevails?
City_Publications 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.
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 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, for franchises in Washington, 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 between the franchise agreement and Washington state law, the state law will be upheld.
Furthermore, RCW 19.100.180 and court decisions may supersede the franchise agreement, especially in areas concerning termination and renewal of the franchise. This provides additional protection to the franchisee under Washington law.
For any arbitration or mediation involving a City Publications franchise purchased in Washington, the location will be in Washington, or a mutually agreed-upon location, or as determined by the arbitrator or mediator. Additionally, franchisees can bring legal action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act, provided litigation isn't precluded by the franchise agreement. This ensures that Washington franchisees have access to local legal avenues for resolving disputes.
A release or waiver of rights executed by a 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 in effect. Provisions that unreasonably 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 collectable only to the extent that they reflect City Publications' reasonable costs in effecting a transfer.