In Washington, can a Dryject franchisee bring an action arising out of a violation of the Washington Franchise Investment Protection Act?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Site of Arbitration, Mediation, and/or Litigation. 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 can bring an action or proceeding if it arises from the sale of franchises or a violation of the Washington Franchise Investment Protection Act, assuming litigation isn't precluded by the franchise agreement. This means that Dryject franchisees operating in Washington have the right to seek legal recourse within the state's legal system for issues related to franchise sales or violations of the state's franchise laws.
This provision ensures that Dryject franchisees are not forced to litigate disputes in a different state or under laws less favorable to them. It aims to protect franchisees by allowing them to address legal issues in a familiar jurisdiction with laws designed to safeguard their interests. The FDD also states that the arbitration or mediation site will be in Washington, or a place mutually agreed upon, or as determined by the arbitrator or mediator.
It is important for prospective Dryject franchisees in Washington to understand their rights under the Washington Franchise Investment Protection Act and to consult with legal counsel to ensure that their interests are protected. This clause in the franchise agreement provides a degree of security, knowing that they can pursue legal action in their own state if necessary. Additionally, any release or waiver of rights must adhere to specific conditions, such as being part of a negotiated settlement with independent legal representation, to be considered valid under Washington law.