For a Floyds 99 franchise in Washington, what is the effect of provisions conflicting with limitations on restricting a franchisee from soliciting or hiring employees?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, Washington state law RCW 49.62.060 prohibits Floyds 99 from restricting a franchisee from soliciting or hiring any employee of another Floyds 99 franchisee or any employee of Floyds 99 itself. Therefore, any provisions in the franchise agreement that attempt to impose such restrictions are considered void and unenforceable in Washington.
This means that a Floyds 99 franchisee in Washington has the freedom to recruit and hire employees from other Floyds 99 locations or from the franchisor without facing legal repercussions based on the franchise agreement. This could be beneficial for franchisees looking to expand their staff with experienced individuals already familiar with the Floyds 99 system.
Furthermore, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Floyds 99. This provision supersedes any conflicting terms in any document related to the franchise agreement, reinforcing the franchisee's rights under Washington law.