What is the impact of RCW 19.100.180 on the termination and renewal of a Degree Wellness franchise?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
st shown DEVELOPER FRANCHISE, LLC DEGREE WELLNESS
WASHINGTON ADDENDUM TO FRANCHISE AGREEMENT, AND RELATED AGREEMENTS
| AGREEMENTS | of |
|---|---|
| (the | |
| "Addendum") | |
| is | |
| made | |
| and | |
| entered | |
| into | |
| this | |
| day | |
| , 20, by and between Degree Wellness | |
| Franchise, LLC, a Delaware limited | |
| liability | a |
| company | |
| ("Franchisor"), | |
| and | |
| , | |
| corporation/limited liability company/partnership (circle one), ("Franchise | |
| Owner") (collectively, Franchisor and Franchise Owner are referred to hereinafter as the | |
| "Parties"), and is attached to and made part of that certain Franchise Agreement dated | |
| , 20, (the "Agreement") between the Parties. |
- 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.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, RCW 19.100.180, the Washington Franchise Investment Protection Act, may supersede the franchise agreement, particularly in areas concerning the termination and renewal of the franchise. This means that certain provisions of the franchise agreement regarding termination and renewal might not be enforceable if they conflict with the state law. Additionally, court decisions could also supersede the agreement in these areas.
For a prospective Degree Wellness franchisee in Washington, this is a crucial consideration. The franchisee has the right to terminate the franchise agreement under any grounds permitted by state law. The franchisee's rights under the Washington Franchise Investment Protection Act cannot be waived, except in specific circumstances such as a negotiated settlement with independent legal representation after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations for claims under the Act or rights to a jury trial may not be enforceable.
Furthermore, any arbitration or mediation involving a franchise purchased in Washington must occur in Washington State or a mutually agreed-upon location. Franchisees can also bring legal action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act in Washington. This ensures that Washington franchisees have certain protections and rights under state law that take precedence over conflicting terms in the franchise agreement.