In the event of conflicting laws, which laws prevail for a Face Foundrie franchise in Washington?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
CONFLICT OF LAWS. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
FRANCHISEE BILL OF RIGHTS. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise. There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION OF THE FRANCHISE RELATIONSHIP (FDD pages 51–59)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if there is a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will take precedence for a Face Foundrie franchise operating in Washington. This means that any clause within the franchise agreement that contradicts the Washington Franchise Investment Protection Act will be superseded by the Act.
Furthermore, RCW 19.100.180, also known as the Franchisee Bill of Rights, may override specific provisions in the franchise agreement or related documents that govern the relationship between the franchisee and Face Foundrie. This includes aspects related to the termination and renewal of the franchise agreement. Court decisions may also supersede the franchise agreement.
In essence, Face Foundrie franchisees in Washington are entitled to the protections afforded by Washington state law. The FDD also stipulates that any release or waiver of rights requiring a franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is void unless specific conditions are met, such as being part of a negotiated settlement with independent counsel after the agreement is in effect, as per RCW 19.100.220(2).