Does the Washington addendum to the Even Hotels FDD apply even if Holiday did not provide it?

According to Even Hotels' 2025 Franchise Disclosure Document, the Washington addendum applies if Washington franchise law would apply on its own, regardless of whether Holiday provided the addendum. This means that Even Hotels franchisees in Washington are entitled to the protections and provisions outlined in the addendum and the Washington Franchise Investment Protection Act, irrespective of Holiday's actions. This ensures that franchisees receive the legal protections afforded to them under Washington state law.

Specifically, the addendum addresses inconsistencies between the franchise disclosure document or license agreement and the Washington Franchise Investment Protection Act (WFIPA). In such cases, the WFIPA prevails. It also clarifies that franchisees can bring actions in Washington courts as provided under the WFIPA and that waivers of rights are limited, especially concerning rights under the WFIPA, unless executed under specific conditions with independent counsel. These stipulations are designed to protect the franchisee's rights and ensure fair treatment under the law.

Furthermore, the addendum highlights that Washington state law (RCW 19.100.180) and court decisions may supersede the franchise agreement, particularly in areas of termination and renewal. This acknowledgment reinforces the franchisee's rights and provides a legal framework that prioritizes state law. The addendum also addresses non-competition covenants, stating that any provisions conflicting with the limitations set forth in RCW 49.62.020 and RCW 49.62.030 are void and unenforceable in Washington. This ensures that employees and independent contractors of Even Hotels franchisees are not unduly restricted by non-competition agreements unless their earnings exceed certain thresholds.

In summary, the Washington addendum to the Even Hotels franchise agreement is designed to protect franchisees by ensuring that Washington state law takes precedence in key areas such as termination, renewal, and non-competition agreements. The fact that the addendum applies even if Holiday did not provide it underscores the importance of adhering to state-specific franchise laws, providing an additional layer of security for franchisees operating in Washington.