What is the title of the Washington law that may supersede the Crawl Space Ninja franchise agreement?
Crawl_Space_Ninja Franchise · 2024 FDDAnswer from 2024 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 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 of proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Investment Protection Act, in Washington.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, rights or remedies under the Act such as a right to a jury trial may not be enforceable.
Source: Item 23 — RECEIPT (FDD pages 51–176)
What This Means (2024 FDD)
According to the 2024 Crawl Space Ninja FDD, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, may supersede the franchise agreement in the event of a conflict of laws. This means that certain provisions of the franchise agreement, particularly those related to termination and renewal, may be overridden by the state law. Additionally, court decisions could also supersede the franchise agreement in these areas.
For a prospective Crawl Space Ninja franchisee in Washington, this addendum provides an extra layer of protection. It ensures that the franchisee's rights under the Washington Franchise Investment Protection Act are upheld, even if they conflict with the terms of the franchise agreement. This includes the right to a trial by jury, which cannot be unreasonably restricted or limited by the franchise agreement.
Furthermore, any arbitration or mediation involving a franchise purchased in Washington must take place 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 Investment Protection Act, if litigation is not precluded by the franchise agreement. This ensures that Washington franchisees have access to local legal remedies and protections under state law.