Can provisions in the Fat Shack franchise agreement unreasonably restrict the statute of limitations for claims under the Washington Franchise Investment Protection Act?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, provisions within the franchise agreement or related documents that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act may not be enforceable. This also applies to rights or remedies under the Act, such as the right to a jury trial. This protection is specifically for franchisees operating in Washington state.
For a prospective Fat Shack franchisee in Washington, this means that any attempt by Fat Shack to shorten the time you have to bring a claim under the Washington Franchise Investment Protection Act may be deemed unenforceable. The statute of limitations is the time limit within which a lawsuit must be filed. If the franchise agreement tries to set an unreasonably short period, that provision could be invalid.
This provision aims to protect franchisees from being unfairly limited in their ability to pursue legal claims against Fat Shack under the Washington Franchise Investment Protection Act. It ensures that franchisees have a fair opportunity to seek legal recourse if they believe their rights have been violated. Franchisees should consult with an attorney to understand their rights and the applicable statute of limitations under Washington law.