In the event of a conflict of laws, which state's laws prevail for a Cool Binz franchise?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON STATE ADDENDA TO THE FRANCHISE AGREEMENT, DISCLOSURE ACKNOWLEDGEMENT QUESTIONNAIRE AND OTHER RELATED AGREEMENTS
This is a Rider to the Franchise Agreement which is being executed concurrently with this rider, between Franchisor and Franchisee.
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.
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN NEW YORK
This is a Rider to the Franchise Agreement which is being executed concurrently with this Rider, between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Rider and the terms of the Franchise Agreement, the terms of this Rider shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN NORTH DAKOTA
This is a Rider to the Franchise Agreement which is being executed concurrently with this Rider, between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Rider and the terms of the Franchise Agreement, the terms of this Rider shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, the governing laws in the event of a conflict vary by state. For franchisees in Washington, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail. Similarly, for franchisees in North Dakota and New York, in the event of a conflict between the terms of the addendum and the terms of the Franchise Agreement, the terms of the Rider/Addendum shall control and supersede the Franchise Agreement.
For a Cool Binz franchisee, this means that certain state laws and addenda take precedence over the standard franchise agreement in specific situations. This ensures that franchisees receive protections and rights mandated by their state's franchise laws. The specific provisions that supersede the franchise agreement often relate to franchise termination, renewal, and other key aspects of the franchise relationship.
Prospective Cool Binz franchisees should carefully review the addenda applicable to their state and understand how these provisions modify the standard franchise agreement. It is also advisable to seek legal counsel to fully understand their rights and obligations under both the franchise agreement and any applicable state laws. This is a fairly common practice in franchising, as franchise laws vary significantly from state to state, and franchisors often use addenda to ensure compliance with local regulations.