What is the relationship between the Face Foundrie Franchise Agreement and the Face Foundrie Washington Addendum?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- WASHINGTON LAW. The following paragraphs are added to the end of the Franchise Agreement:
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (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. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
QUESTIONNAIRES AND ACKNOWLEDGMENTS. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
PROHIBITIONS ON COMMUNICATING WITH REGULATORS. Any provision in the franchise agreement or related agreements that prohibits the franchisee from communicating with or complaining to regulators is inconsistent with the express instructions in the Franchise Disclosure Document and is unlawful under RCW 19.100.180(2)(h).
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Washington Addendum is an integral part of the Franchise Agreement. The addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements. The Washington Addendum applies if the offer to sell a franchise is accepted in Washington, the purchaser of the franchise is a resident of Washington, and/or the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
In the event of conflicting laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will take precedence. Additionally, RCW 19.100.180, which concerns the Franchisee Bill of Rights, may supersede provisions in the franchise agreement or related agreements, especially regarding termination and renewal of the franchise. Court decisions may also override the franchise agreement concerning the relationship between the franchisee and Face Foundrie.
For any arbitration or mediation involving a franchise purchased in Washington, the site will be in Washington, a mutually agreed-upon location, or as determined by the arbitrator or mediator. If litigation is not precluded by the franchise agreement, a franchisee can bring an action in Washington concerning the sale of franchises or violations of the Washington Franchise Investment Protection Act. Furthermore, any provisions in the franchise agreement that prohibit a franchisee from communicating with regulators are inconsistent with the Franchise Disclosure Document and unlawful under Washington law.