In the event of a conflict of laws regarding a Dq Treat franchise in Washington, which law will prevail?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
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 in 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.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, for franchises sold in Washington, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is a disagreement between the franchise agreement and Washington state law, the state law will take precedence.
This protection extends to various aspects of the franchise relationship, including termination and renewal. RCW 19.100.180 may supersede the franchise agreement in these areas, and court decisions may also override the agreement. This ensures that Dq Treat franchisees in Washington are afforded the full protection of their state's franchise laws.
Additionally, any statement or acknowledgment signed by a Dq Treat franchisee at the start of their franchise relationship cannot waive claims under state franchise law, including claims related to fraud. This provision further reinforces the protection of franchisees' rights and supersedes any conflicting terms in the franchise agreement. This ensures that franchisees cannot inadvertently give up their legal rights through standard paperwork.