How might RCW § 19.100.180 and court decisions affect the Fitstop Franchise Agreement or Area Development Agreement?

FOR THE STATE OF WASHINGTON

Item 17 of the Disclosure Document is supplemented by the following:

• 1. RCW § 19.100.180 and court decisions may supersede the Franchise Agreement or Area Development Agreement in your relationship with us, including in the areas of termination and renewal of your Franchise Agreement or Area Development Agreement.
• 1. In the event of a conflict between the Washington Franchise Investment Protection Act and the law chosen in the Franchise Agreement or Area Development Agreement, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail.

• 1. A release or waiver of rights executed by a franchisee will not include rights under the Washington Franchise Investment Protection Act, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel.
• 1. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act, such as a right to a jury trial, may not be enforceable in Washington.
• 1. Transfer fees are collectable to the extent that they reflect our reasonable estimated or actual costs in effecting a transfer.
• 1. In any arbitration involving a franchise purchased in Washington, the arbitration site shall be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration, or as determined by the arbitrator. In the event of a conflict of state laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail.
• 1. Franchisee may have the right to terminate the franchise relationship should the franchisor fail to perform its duties or under applicable law

Source: Item 23 — RECEIPTS (FDD pages 50–135)