Which article of the Crave Cookies Franchise Agreement does not apply in the State of Washington?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
Article 19 of the Franchise Agreement does not apply in the State of Washington.
Because franchisor has material pre-opening obligations with respect to each franchised business Franchisee opens under the Multi-Unit Development Agreement, payment of the franchise fee will be released proportionally with respect to each franchise outlet opened and until franchisor has met all its pre- opening obligations under the Agreement and Franchisee is open for business with respect to each such location.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, Article 19 of the Franchise Agreement does not apply to franchisees in the State of Washington. This means that certain provisions within Article 19 are not enforceable for Crave Cookies franchises operating in Washington.
Additionally, the FDD states that if Crave Cookies omitted material information or made certain representations, promises, guarantees, or warranties outside of the FDD, it may give rise to a claim under chapter 19.100 RCW (Revised Code of Washington). Franchisees in Washington cannot waive such claims, and the franchisor believes that including provisions prohibited under Washington law may not be in "good faith."
Furthermore, the FDD specifies that Section 5.4(c) and Section 6.1(iii) of the Franchise Agreement also do not apply to Crave Cookies franchisees in Washington. These sections relate to Crave Cookies Franchising accepting no responsibility for the performance of the business and having no liability to the franchisee regarding the business's location, respectively. In any litigation or mediation involving a franchise purchased in Washington, the site will be either in the state of Washington, or in a place mutually agreed upon at the time of the litigation or mediation, or as determined by the court or mediator at the time of litigation 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.