Does the Washington Franchise Investment Protection Act supersede the Crave Cookies franchise agreement regarding termination?
Crave_Cookies 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.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Amendments. Franchise Disclosure Document is amended to comply with the following:
(1) Section 6, Note 1 of the Franchise Disclosure Document is amended as follows:
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act (Chapter 19.100 RCW) may supersede the franchise agreement in certain areas for franchisees operating in Washington state. Specifically, RCW 19.100.180 may take precedence over the franchise agreement regarding termination and renewal of the franchise. This means that certain provisions in the franchise agreement related to these topics may not be enforceable if they conflict with the Washington Franchise Investment Protection Act.
This protection extends to preventing franchisees from waiving their rights under the Washington Franchise Investment Protection Act, unless the waiver is part of a negotiated settlement with independent legal representation after the franchise agreement is already in effect. Certain statements within the franchise agreement do not apply to Washington franchisees. These include sections that disclaim Crave Cookies' responsibility for the business's performance or liability regarding the business's location. Additionally, Article 19 of the Franchise Agreement, which likely covers general provisions, does not apply in Washington.
For a prospective Crave Cookies franchisee in Washington, this addendum provides additional legal protections. It ensures that the franchisee's rights under state law are upheld, even if the franchise agreement contains conflicting terms. This could be particularly important in situations involving termination or renewal of the franchise, where the Act may provide more favorable terms to the franchisee than the standard agreement. Franchisees should consult with an attorney to fully understand their rights and obligations under both the franchise agreement and the Washington Franchise Investment Protection Act.