In the event of conflicting laws, which law prevails for Degree Wellness franchises?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Conflict Laws.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
- B. Franchisee Bill of Rights.
RCW 19.100.180 may supersede the Agreement including the areas of termination and renewal of the franchise.
There may also be court decisions which may supersede the Agreement including the areas of termination and renewal of the franchise.
- C. Site of Arbitration, Mediation, and/or Litigation.
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 Agreement, the Franchise Owner 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.
- D. General Release.
A release or waiver of rights executed by Franchise Owner 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.
- E Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail if there is a conflict of laws. This means that if any provision of the franchise agreement clashes with the Washington Franchise Investment Protection Act, the Act will take precedence.
This is particularly relevant for franchisees operating in Washington state, as it ensures that the protections afforded by Washington law are upheld. The FDD also states that RCW 19.100.180 may supersede the agreement, especially in areas concerning termination and renewal of the franchise. Court decisions may also override the agreement in these areas.
Furthermore, the document specifies that in arbitration or mediation involving a franchise purchased in Washington, the venue will be in Washington State unless otherwise agreed upon. Franchisees also retain the right to bring legal action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act, if litigation is not precluded by the agreement. This clause ensures that franchisees have access to legal recourse within their state.
Releases or waivers of rights executed by a Degree Wellness Franchise Owner cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement with independent legal representation after the franchise agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial under the Act may not be enforceable, further safeguarding the franchisee's rights under Washington law.