In Washington, can RCW 19.100.180 supersede the Deka Lash Franchise Agreement regarding termination and renewal?
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 terms of the Washington Addendum take precedence if there are inconsistencies with the standard franchise agreement. Specifically, RCW 19.100.180, a section of the Washington Franchise Investment Protection Act, may supersede the Deka Lash Franchise Agreement in matters concerning the termination and renewal of the franchise. Court decisions may also supersede the franchise agreement in these areas.
This means that certain provisions of the Deka Lash franchise agreement regarding termination and renewal may not be enforceable in Washington if they conflict with the state's franchise laws. The Washington Franchise Investment Protection Act is designed to protect franchisees, and this clause ensures that those protections are upheld.
For a prospective Deka Lash franchisee in Washington, this addendum offers additional legal protection. It is important to carefully review both the franchise agreement and the Washington Franchise Investment Protection Act to understand your rights and obligations regarding termination and renewal. Consulting with an attorney experienced in franchise law is advisable to fully understand the implications of these provisions.