Can RCW 19.100.180 supersede provisions in the Eos Worldwide Franchise Agreement?

According to the 2025 Eos Worldwide Franchise Disclosure Document, RCW 19.100.180, which is part of the Washington Franchise Investment Protection Act, may indeed supersede certain provisions within the franchise agreement or related agreements concerning the franchisee's relationship with Eos Worldwide. This includes aspects related to the termination and renewal of the franchise. This means that certain clauses in the franchise agreement that conflict with the rights and protections provided under RCW 19.100.180 may not be enforceable in Washington.

Specifically, the FDD highlights several areas where the Washington Franchise Investment Protection Act takes precedence. These include prohibitions on franchisees communicating with regulators, certain buy-back provisions that allow Eos Worldwide to repurchase the franchisee's business without consent (unless terminated for good cause), and requirements for franchisees to purchase or rent products/services at unfairly high prices. Additionally, provisions that allow Eos Worldwide to exercise discretion based on reasonable business judgment may be limited by the requirement of good faith dealing under RCW 19.100.180(1).

Furthermore, any release or waiver of rights that would bind the franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless it meets specific conditions, such as being part of a negotiated settlement with independent legal counsel after the agreement is in effect. Similarly, restrictions on the statute of limitations for claims under the Act or waivers of rights like a jury trial may not be enforceable. These stipulations ensure that franchisees in Washington are afforded the full protection of the state's franchise laws, even if the franchise agreement contains conflicting terms.

For a prospective Eos Worldwide franchisee in Washington, this means that the state law provides a safety net, ensuring certain rights cannot be waived or overridden by the franchise agreement. It is crucial for franchisees to understand these protections and consult with legal counsel to ensure full compliance and awareness of their rights under Washington law. This also highlights the importance of reviewing the franchise agreement carefully with an attorney familiar with franchise law in Washington to identify any potential conflicts and understand how RCW 19.100.180 may apply.