Does the Washington addendum supersede any inconsistent provisions in the Crisp & Green Area Development Agreement?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Notwithstanding anything to the contrary set forth in the Crisp & Green Franchising LLC Area Development Agreement, the following provisions shall supersede any inconsistent provisions and apply to all Crisp & Green franchises offered and sold in the state of Washington:
This Washington Addendum is only applicable if you are a resident of Washington or if your business will be located in Washington.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, the addendum to the Crisp & Green Area Development Agreement for the state of Washington supersedes any inconsistent provisions within the original agreement. This means that if there are conflicting terms between the Area Development Agreement and the Washington Addendum, the terms of the Washington Addendum will take precedence. This addendum is applicable only to residents of Washington or if the Crisp & Green business will be located in Washington.
Specifically, the Washington addendum addresses several key areas. It states that Washington's Franchise Investment Protection Act (Chapter 19.100 RCW) may supersede the Area Development Agreement, particularly concerning termination and renewal of the franchise. Additionally, court decisions in Washington could also override aspects of the Area Development Agreement related to termination and renewal. The addendum also specifies that arbitration or mediation involving a franchise purchased in Washington must occur within the state, or in a mutually agreed-upon location, or as determined by the arbitrator or mediator.
Furthermore, the addendum clarifies that franchisees cannot waive rights under the Washington Franchise Investment Protection Act, except in cases of negotiated settlements with independent counsel after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may not be enforceable. Transfer fees are collectable only to the extent they reflect Crisp & Green's reasonable costs in effecting the transfer. Also, no statement can waive claims under franchise law or disclaim reliance on franchisor statements.
Prospective Crisp & Green franchisees in Washington should carefully review both the Area Development Agreement and the Washington Addendum to understand their rights and obligations. They should also be aware of the potential impact of Washington state law and court decisions on their franchise agreement. Consulting with an attorney experienced in franchise law is advisable to ensure full comprehension of these documents and their implications.