Can a Dryject franchisee bring an action in Washington if litigation is not precluded?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, a franchisee may bring an action in Washington if litigation is not precluded by the franchise agreement. Specifically, this applies to actions or proceedings arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act. This provision ensures that Dryject franchisees operating in Washington have the ability to pursue legal remedies within their own state under certain conditions.
This clause is important for prospective Dryject franchisees in Washington because it clarifies their legal rights and options. It means that if a dispute arises related to the franchise sale or a violation of the Washington Franchise Investment Protection Act, the franchisee is not necessarily forced to litigate outside of Washington, provided the franchise agreement does not explicitly preclude litigation. This can save time and money, as well as provide a more familiar legal environment for the franchisee.
It is important to note the condition that litigation must not be precluded by the franchise agreement. Franchisees should carefully review the franchise agreement to understand any clauses that might restrict their ability to litigate in Washington or elsewhere. This provision is designed to protect franchisees' rights under Washington law, but its effectiveness depends on the specific terms of the franchise agreement and whether those terms are consistent with Washington law.