In Washington, are provisions that unreasonably restrict the statute of limitations period for claims under the Washington Franchise Investment Protection Act enforceable for Fitstop franchisees?

According to Fitstop's 2024 Franchise Disclosure Document, provisions that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act may not be enforceable in Washington. This also applies to rights or remedies under the Act, such as the right to a jury trial.

For a prospective Fitstop franchisee in Washington, this means that the standard franchise agreement's terms may be superseded by Washington state law in certain areas. Specifically, any attempt within the agreement to shorten the time a franchisee has to bring a claim under the Washington Franchise Investment Protection Act may be deemed unenforceable by Washington courts. The same holds true for any clause that restricts a franchisee's right to a jury trial.

This protection is significant because it ensures that franchisees are not unduly limited in their ability to seek legal recourse against Fitstop if they believe their rights under the Washington Franchise Investment Protection Act have been violated. It also means that Fitstop franchisees in Washington retain the right to a jury trial, despite any conflicting language in the franchise agreement. Franchisees should consult with an attorney to fully understand their rights under Washington law.