In Washington state, in the event of a conflict of laws, which provisions prevail for a Deer Solution franchise?
Deer_Solution 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.
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.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, specifically the Washington FDD Amendment, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is any disagreement or inconsistency between the standard Deer Solution franchise agreement and Washington state law, the state law will take precedence.
This amendment also clarifies that RCW 19.100.180 may supersede the Franchise Agreement in areas such as termination and renewal of the franchise. Court decisions may also supersede the Franchise Agreement in these areas. This provides additional protection to the franchisee by ensuring that state laws and court rulings favorable to franchisees are not overridden by the standard franchise agreement.
Furthermore, for any arbitration or mediation involving a Deer Solution franchise purchased in Washington, the location for such proceedings will be in Washington, or a location mutually agreed upon, or as determined by the arbitrator or mediator. The franchisee can also bring legal action in Washington if litigation is not precluded by the Franchise Agreement, especially for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act. This ensures that Washington franchisees have access to local legal avenues and protections under state law.