In Washington, what is the effect of the Washington Franchise Investment Protection Act on the City Publications Franchise Agreement?
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, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, has several important effects on the franchise agreement for franchisees in Washington. In the event of any conflict of laws, the provisions of the Washington Franchise Investment Protection Act will take precedence over the standard terms of the City Publications franchise agreement. This ensures that franchisees in Washington receive the full protection of their state's laws.
Specifically, RCW 19.100.180 may supersede the franchise agreement regarding termination and renewal of the franchise. Additionally, court decisions may also override the franchise agreement in these areas. This means that City Publications must adhere to Washington law regarding franchise termination and renewal, which may provide additional protections to franchisees beyond what is stated in the standard agreement.
Furthermore, any arbitration or mediation involving a City Publications franchise purchased in Washington must occur in Washington, unless both parties agree to another location or the arbitrator/mediator determines otherwise. Franchisees also have the right to 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. Any release or waiver of rights by a franchisee cannot include rights under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent legal counsel after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may not be enforceable. Transfer fees are collectable only to the extent they reflect City Publications' reasonable costs in effecting the transfer.