In Washington, what law prevails if there's a conflict with the Deka Lash Franchise Agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement clarifies which laws take precedence in the event of a conflict. Specifically, if any terms within the Franchise Agreement are inconsistent with the terms outlined in the addendum, the addendum's terms will govern the agreement.
Moreover, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail. This means that the state's franchise laws are designed to protect franchisees and will supersede any conflicting terms in the franchise agreement.
Additionally, RCW 19.100.180 may also supersede the franchise agreement in the relationship between Deka Lash and its franchisees, particularly in matters concerning the termination and renewal of the franchise. Court decisions may also have a similar effect, potentially overriding the franchise agreement in these specific areas. This ensures that franchisees in Washington have certain statutory rights that cannot be undermined by the standard franchise agreement.