In Washington, what law prevails in the event of a conflict of laws with 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.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, for franchisees in Washington state, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence if there is a conflict of laws with the City Publications Franchise Agreement. This means that the state law is designed to protect franchisees and will be prioritized over the standard terms of the franchise agreement in case of a disagreement.
Additionally, RCW 19.100.180 and court decisions may supersede the franchise agreement, especially in areas concerning termination and renewal of the franchise. This indicates that certain aspects of the franchise relationship, particularly those dealing with the continuation or end of the agreement, are subject to state regulations and judicial interpretations that may override the standard contractual terms.
Furthermore, any arbitration or mediation involving a City Publications franchise purchased in Washington must occur within the state, unless otherwise agreed upon. 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. These stipulations ensure that Washington franchisees have access to local legal recourse and protection under state laws designed to govern franchise relationships.