Under what circumstances might provisions in Fat Shack's franchise agreement that limit the statute of limitations for claims under the Washington Franchise Investment Protection Act be unenforceable?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
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 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 may not be enforceable. This also applies to rights or remedies under the Act, such as the right to a jury trial.
For a prospective Fat Shack franchisee in Washington, this means that any attempt within the franchise agreement to shorten the time they have to bring a claim under the Washington Franchise Investment Protection Act could be deemed invalid. The same principle applies to waiving the right to a jury trial. This protection ensures that franchisees have adequate time and means to pursue legal claims related to violations of the Act.
This provision is important because it prevents Fat Shack from imposing overly restrictive limitations that could hinder a franchisee's ability to seek legal recourse. Franchisees should be aware of this protection and consult with an attorney if they believe their rights under the Washington Franchise Investment Protection Act have been violated, regardless of any limitations stated in the franchise agreement.