Can RCW 19.100.180 supersede the Floors To Go Membership Agreement in Washington?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
ON SEPTEMBER 23, 2019, FTG VOLUNTARILY ENTERED INTO AN ASSURANCE OF DISCONTINUANCE WITH THE STATE OF WASHINGTON AGREEING THAT IT (I) WILL NO LONGER INCLUDE NO-RECRUITING PROVISIONS IN ANY OF ITS FUTURE MEMBERSHIP AGREEMENTS, (II) NO LONGER ENFORCE NO-RECRUITING PROVISIONS IN ANY OF ITS EXISTING MEMBERSHIP AGREEMENTS, (III) WILL NOT SEEK TO INTERVENE OR DEFEND IN ANY WAY THE LEGALITY OF ANY NO-RECRUITING PROVISION, AND (IV) WILL ENDEAVOR TO AMEND ALL EXISTING MEMBERSHIP AGREEMENTS WITH MEMBERS IN THE STATE OF WASHINGTON TO REMOVE ANY NO-RECRUITING PROVISIONS IN THOSE MEMBERS' EXISTING MEMBERSHIP AGREEMENTS.
IN THE EVENT OF A CONFLICT OF LAWS, THE PROVISIONS OF THE WASHINGTON FRANCHISE INVESTMENT PROTECTION ACT, CHAPTER 19.100 RCW WILL PREVAIL.
RCW 19.100.180 MAY SUPERSEDE THE AGREEMENT IN YOUR RELATIONSHIP WITH THE FRANCHISOR INCLUDING THE AREAS OF TERMINATION AND RENEWAL OF YOUR FRANCHISE.
THERE MAY ALSO BE COURT DECISIONS WHICH MAY SUPERSEDE THE AGREEMENT IN YOUR RELATIONSHIP WITH THE FRANCHISOR INCLUDING THE AREAS OF TERMINATION AND RENEWAL OF YOUR FRANCHISE.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, RCW 19.100.180, which is part of the Washington Franchise Investment Protection Act, may indeed supersede the Floors To Go Membership Agreement in Washington. This means that certain provisions of the state law could take precedence over the terms outlined in the agreement between Floors To Go and the franchisee. Specifically, the FDD highlights that RCW 19.100.180 may impact areas such as termination and renewal of the franchise agreement.
In practical terms, this means that if there's a conflict between what the Floors To Go Membership Agreement says and what the Washington Franchise Investment Protection Act stipulates, the state law will be the governing standard. For example, if the agreement has terms about how a franchise can be terminated, but those terms don't align with the protections offered to franchisees under Washington law, the state law would prevail. This aims to protect franchisees from potentially unfair or overly restrictive terms in the franchise agreement.
Furthermore, the FDD also mentions that court decisions could also supersede the agreement, particularly in matters of termination and renewal. This implies that legal precedents set by Washington courts could further modify or invalidate specific clauses within the Floors To Go Membership Agreement. Floors To Go also voluntarily entered into an Assurance of Discontinuance with the State of Washington on September 23, 2019, agreeing to no longer include or enforce no-recruiting provisions in any of its Membership Agreements.
Prospective Floors To Go franchisees in Washington should carefully review both the franchise agreement and the Washington Franchise Investment Protection Act, consulting with legal counsel to fully understand their rights and obligations. This is especially important regarding termination and renewal terms, as these are the areas specifically identified as potentially being superseded by state law or court decisions. Understanding these nuances can help a franchisee navigate their relationship with Floors To Go and ensure compliance with all applicable laws.