In Washington, can a Dryject franchisee bring an action arising out of the sale of franchises in Washington?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. 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 in Washington may bring an action or proceeding against Dryject if it arises from the sale of franchises or a violation of the Washington Franchise Investment Protection Act, provided that litigation is not precluded by the franchise agreement. This means that Dryject franchisees in Washington have the right to sue Dryject under certain conditions related to franchise sales or violations of the state's franchise laws.
This provision ensures that Dryject franchisees in Washington have legal recourse within the state's jurisdiction. It also specifies that the location for arbitration or mediation involving a franchise purchased in Washington will be in Washington, unless otherwise agreed upon or determined by the arbitrator or mediator. This helps protect franchisees from having to travel to distant locations to resolve disputes.
It is important to note that the franchise agreement may contain clauses that affect a franchisee's ability to litigate. However, the FDD states that provisions in the franchise agreement that conflict with the Washington Franchise Investment Protection Act will be superseded by the Act. Additionally, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless specific conditions are met, such as a negotiated settlement with independent counsel.