In Washington, if there are inconsistencies between the Even Hotels franchise disclosure document or license agreement and RCW 19.100.180, which provisions prevail?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary set forth in the Franchise Disclosure Document, the following provisions shall supersede and apply to all licenses offered and sold in the State of Washington:
If any of the provisions in the franchise disclosure document or license agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the provisions of the Act will prevail over the inconsistent provisions of the franchise disclosure document and license agreement with regard to any license sold in Washington.
A release or waiver of rights executed by a licensee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the Franchise Agreement is in effect and where the parties are represented by independent counsel.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, and rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
The State of Washington has a statute, RCW 19.100.180 which may supersede the License Agreement in your relationship with Holiday including the areas of termination of your franchise.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the Washington Addendum to the disclosure document addresses inconsistencies between the franchise agreement and Washington law. Specifically, if any provisions in the Even Hotels franchise disclosure document or license agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the provisions of the Act will take precedence. This ensures that the franchisee's rights under Washington law are protected.
This means that Even Hotels franchisees in Washington State are entitled to the full protections afforded by Washington's franchise laws, regardless of what the standard franchise agreement might say. This covers all licenses sold in Washington. This is particularly important in areas such as termination and renewal of the license, where state law (RCW 19.100.180) may supersede the franchise agreement.
Furthermore, any release or waiver of rights executed by an Even Hotels franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement after the franchise agreement is in effect and both parties are represented by independent counsel. This prevents franchisees from unknowingly or unintentionally waiving their rights under the Act. Provisions that unreasonably restrict the statute of limitations for claims or rights to a jury trial may also be unenforceable.
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail to the extent they apply. This ensures that Washington law governs the franchise relationship for Even Hotels franchisees operating in Washington, providing a level of legal certainty and protection.