In Washington, can RCW 19.100.180 supersede the Deka Lash franchise agreement, and if so, in what areas?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Deka Lash's 2024 Franchise Disclosure Document, for franchises governed by the Washington Franchise Investment Protection Act, the provisions of the Act will prevail in the event of a conflict of laws. Specifically, RCW 19.100.180 may supersede the Deka Lash franchise agreement in the franchisee's relationship with Deka Lash.
This means that certain aspects of the franchise agreement may be overridden by Washington state law. According to the FDD, this includes areas related to the termination and renewal of the franchise agreement. Court decisions may also supersede the franchise agreement in these areas.
For a prospective Deka Lash franchisee in Washington, this addendum provides additional protection under state law, particularly concerning the critical aspects of franchise termination and renewal. It is important for franchisees to understand their rights under RCW 19.100.180 and how it may affect the terms outlined in the franchise agreement. Franchisees should seek legal counsel to fully understand the implications of this addendum and the Washington Franchise Investment Protection Act.