Are there any restrictions on rights or remedies under the Washington Franchise Investment Protection Act, such as the right to a jury trial, for City Publications franchisees?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
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. Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the franchise agreement or el
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, certain provisions in the franchise agreement that restrict rights or remedies under the Washington Franchise Investment Protection Act may not be enforceable. Specifically, provisions that unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act, such as the right to a jury trial, may not be enforceable. This protection is designed to ensure that franchisees in Washington have full access to the legal rights and remedies provided by the state's franchise laws.
This means that if a City Publications franchisee in Washington believes their rights under the Washington Franchise Investment Protection Act have been violated, they may still be able to pursue legal action, including seeking a jury trial, even if the franchise agreement contains clauses that attempt to limit these rights. The Washington Franchise Investment Protection Act aims to protect franchisees from overreaching franchisors by ensuring certain fundamental rights cannot be waived or restricted.
Prospective City Publications franchisees in Washington should be aware of this protection and consult with legal counsel to fully understand their rights under the Washington Franchise Investment Protection Act. This ensures that they can make informed decisions about entering into the franchise agreement and are prepared to protect their interests if disputes arise. The FDD also states that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will prevail.