What happens to provisions in the Cool Binz franchise agreement that conflict with RCW 49.62.060?
Cool_Binz 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.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the Washington State Addenda to the Franchise Agreement addresses the issue of conflicting laws. Specifically, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence.
This means that if any part of the Cool Binz franchise agreement clashes with the Washington Franchise Investment Protection Act, the state law will override the conflicting term in the franchise agreement. This protection extends to RCW 19.100.180, which may supersede the franchise agreement, particularly in areas concerning the termination and renewal of the franchise.
Furthermore, the FDD notes that court decisions may also supersede the franchise agreement in relation to termination and renewal. This acknowledgement suggests that franchisees' rights in Washington State are strongly protected by both statutory law and judicial precedent, which could offer more favorable terms than the standard Cool Binz franchise agreement. Prospective franchisees in Washington should carefully review Chapter 19.100 RCW to understand their rights and protections under state law.