If there is a conflict of laws, which law prevails for an Embassy Suites franchise in Washington?

According to Embassy Suites's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act will prevail if there is a conflict of laws. Specifically, the provisions outlined in Chapter 19.100 RCW will take precedence over any conflicting terms in the franchise agreement. This protection is designed to safeguard the interests of franchisees within the state of Washington.

This means that certain aspects of the franchise agreement, such as termination and renewal conditions, may be superseded by Washington state law. Additionally, any release or waiver of rights signed by the franchisee will not include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement with independent legal representation after the franchise agreement is already in effect. Provisions that unreasonably restrict the statute of limitations for claims or rights to a jury trial may also be unenforceable.

For a prospective Embassy Suites franchisee in Washington, this addendum provides significant legal protection. It ensures that the franchisee's rights under Washington law are upheld, even if the franchise agreement contains conflicting terms. This can be particularly important in areas such as termination, renewal, and dispute resolution, where the state law offers specific safeguards. Franchisees should be aware of these protections and consult with legal counsel to fully understand their rights under the Washington Franchise Investment Protection Act.