In Washington, if there are inconsistencies between the Deka Lash Disclosure Document and the Washington Franchise Investment Protection Act, which terms control?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
WASHINGTON ADDENDUM TO THE FRANCHISE AGREEMENT
If any of the terms of the Franchise Agreement are inconsistent with the terms below, the terms below control
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement states that if there are inconsistencies between the terms in the disclosure document and the Washington Franchise Investment Protection Act, the terms of the Act will control. This protection extends to the Area Development Agreement as well.
This means that the Washington Franchise Investment Protection Act takes precedence over any conflicting terms in the Deka Lash Franchise Agreement or Disclosure Document for franchises operating in Washington. This ensures that franchisees in Washington receive the full protection of their state's franchise laws, regardless of what the franchise agreement might state.
For a prospective Deka Lash franchisee in Washington, this addendum offers significant legal protection. It ensures that certain rights and remedies provided by Washington law cannot be overridden by the standard franchise agreement. Franchisees should carefully review both the franchise agreement and the Washington Franchise Investment Protection Act to understand their rights and obligations fully.