Does RCW 19.100.180 potentially supersede the Floyds 99 franchise agreement in Washington regarding termination?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 19.100.180 may supersede the franchise 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 franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, RCW 19.100.180, a section of the Washington Franchise Investment Protection Act, may indeed supersede the franchise agreement between Floyds 99 and its franchisees in Washington state. This potential supersession specifically includes areas related to the termination and renewal of the franchise agreement. This means that certain provisions within the standard Floyds 99 franchise agreement might not be enforceable in Washington if they conflict with the stipulations of RCW 19.100.180. Court decisions could also potentially supersede the franchise agreement in the areas of termination and renewal.
For a prospective Floyds 99 franchisee in Washington, this is a crucial consideration. It suggests that the franchisee's rights regarding termination and renewal could be stronger and more protected under Washington law than what the standard franchise agreement might initially indicate. This addendum serves as a protective measure, ensuring that franchisees are not held to terms that are less favorable than those mandated by Washington state law.
Furthermore, the FDD states that any arbitration or mediation involving a Floyds 99 franchise purchased in Washington must occur within the state, unless otherwise agreed upon. Franchisees also have the right to bring legal action in Washington if it relates to the sale of franchises or violations of the Washington Franchise Investment Protection Act, provided litigation isn't precluded by the franchise agreement. Additionally, any release or waiver of rights signed by a franchisee cannot include rights under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent legal representation after the franchise agreement is already in effect.
Given these stipulations, prospective Floyds 99 franchisees in Washington should carefully review the franchise agreement alongside the Washington Franchise Investment Protection Act. Consulting with an attorney experienced in franchise law is highly recommended to fully understand their rights and obligations, particularly concerning termination and renewal, and to ensure that any agreements or releases comply with Washington law.