Can RCW 19.100.180 supersede provisions in the Dryject franchise agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise. There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, RCW 19.100.180, which is part of the Washington Franchise Investment Protection Act, may indeed supersede provisions within the Dryject franchise agreement or related agreements. This includes aspects of the franchisee's relationship with Dryject concerning termination and renewal of the franchise. The FDD also indicates that court decisions could also supersede the franchise agreement. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
This means that certain clauses in the Dryject franchise agreement that conflict with Washington state law might not be enforceable in Washington. For example, provisions that require the franchisee to purchase or rent any product or service for more than a fair and reasonable price are unlawful under RCW 19.100.180(2)(d). Similarly, provisions allowing Dryject to repurchase the franchisee's business during the term without consent are unlawful under RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
Furthermore, the Dryject FDD states that any provision prohibiting a franchisee from communicating with regulators is inconsistent with the Franchise Disclosure Document and unlawful under RCW 19.100.180(2)(h). Provisions in the franchise agreement stating that Dryject may exercise its discretion based on reasonable business judgment may be limited or superseded by RCW 19.100.180(1), which requires the parties to deal with each other in good faith.
It is important for prospective Dryject franchisees in Washington to understand these protections. They should carefully review the franchise agreement with legal counsel to identify any clauses that may be superseded by Washington law. This ensures that franchisees are aware of their rights and that the agreement complies with state regulations, offering a degree of protection beyond the standard terms of the franchise agreement.