Does the Washington Rider supersede any conflicting terms in the Fat Shack Franchise Disclosure Document?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
If any one of the following Riders to the Franchise Agreement for Specific States and Provinces ("Riders") is checked as an "Applicable Rider" below, then that Rider shall be incorporated into the Franchise Agreement entered into by FAT SHACK INC. and the undersigned Franchisee. To the extent any terms of an Applicable Rider conflict with the terms of the Franchise Agreement, the terms of the Applicable Rider shall supersede the terms of the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, the Washington Rider does supersede any conflicting terms within the Franchise Agreement. Specifically, if the Washington Rider is designated as an 'Applicable Rider,' its terms will take precedence over any conflicting terms in the standard Franchise Agreement. This ensures that Fat Shack franchises operating in Washington comply with state-specific laws and regulations.
This means that certain provisions of the standard Fat Shack franchise agreement may not apply, or may be modified, for franchisees in Washington. For example, the document states that any provision that waives liability under the Washington Franchise Investment Protection Act, restricts communication with regulators, or violates non-solicitation agreements is void and unenforceable in Washington. These stipulations are designed to protect the franchisee's rights and ensure compliance with Washington state law.
For a prospective Fat Shack franchisee in Washington, this is a crucial point to understand. It is important to carefully review the Washington Rider and understand how it modifies the standard franchise agreement. Franchisees should also be aware of their rights under Washington state law, particularly the Washington Franchise Investment Protection Act, and how the rider protects those rights. Consulting with a franchise attorney is advisable to fully grasp the implications of these state-specific modifications.