What must Deer Solution do in lieu of an impound of franchise fees in Washington?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
isdictional requirements of North Dakota Law are met independently without reference to this amendment.
IN WITNESS WHEREOF, the parties have duly executed and delivered this North Dakota amendment to the Deer Solution Franchising LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
| Franchisor: Deer Solution Franchising LLC | Franchisee: |
|---|---|
| Signature | Signature |
| Name and Title (please print) | Name (please print) |
| Dated | Dated Signature Name (please print) Dated |
WASHINGTON STATE FRANCHISE AGREEMENT AMENDMENT
Amendments to the Deer Solution Franchise Agreement
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.
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 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.
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, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the Franchise Agreement or elsewhere that conflict with these limitations are void and unenforceable in Washington.
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
Based on the 2025 Deer Solution Franchise Disclosure Document, the excerpts provided discuss amendments to the franchise agreement and FDD for Washington State, but they do not specify the requirements for Deer Solution to avoid impounding franchise fees in Washington. The document does mention the Washington Franchise Investment Protection Act and its potential impact on the franchise agreement, particularly regarding termination, renewal, and dispute resolution. It also addresses transfer fees, non-competition covenants, and waivers of franchisee rights under Washington law. However, it does not detail the specific conditions or procedures Deer Solution must follow in lieu of impounding franchise fees.
A prospective Deer Solution franchisee in Washington should be aware of the protections afforded to them under the Washington Franchise Investment Protection Act, as highlighted in the FDD. These protections include the right to have disputes resolved within Washington, the inability to waive rights under the Act (except in specific settlement scenarios), and limitations on non-competition covenants. The franchisee should also note that transfer fees must reflect the franchisor's reasonable costs.
To fully understand the requirements for avoiding impoundment of franchise fees in Washington, a potential franchisee should directly ask Deer Solution for clarification. Specifically, they should inquire about the conditions under which Deer Solution is exempt from impound requirements and what alternative measures or assurances the company provides to protect the franchisee's investment. This information is crucial for making an informed decision about investing in a Deer Solution franchise in Washington.