How might RCW 19.100.180 supersede the Focalpoint Coaching Franchise Agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements by the Washington Franchise Investment Protection Act and the Rules and Regulations promulgated thereunder (the “Act”), the Franchise Agreement of FocalPoint Coaching, Inc. shall be modified as follows:
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the Franchise Agreement or elsewhere that conflict with these limitations are void and unenforceable in Washington.
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- 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.
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- 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 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Washington Franchise Investment Protection Act, specifically Chapter 19.100 RCW, holds precedence over the Franchise Agreement in the event of conflicting laws. This means that if any part of the Franchise Agreement clashes with the stipulations of the Washington Franchise Investment Protection Act, the provisions of the Act will be enforced instead. This protection is explicitly stated in the Washington Addendum to the Franchise Agreement.
Furthermore, certain sections of the Franchise Agreement are automatically superseded by Washington state law. RCW 49.62.050 states that non-compete clauses are void and unenforceable against an independent contractor of a franchisee if the contractor's annualized earnings are $250,000 or less (this amount is subject to annual inflation adjustments). RCW 49.62.060 also prevents Focalpoint Coaching from restricting a franchisee's ability to solicit or hire employees from either other Focalpoint Coaching franchisees or from Focalpoint Coaching itself. Any conflicting provisions within the Franchise Agreement are considered void and unenforceable in Washington.
Additionally, the FDD states that no statement or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching or its representatives. This provision overrides any other conflicting terms in any document related to the franchise agreement, ensuring that franchisees retain their rights under Washington state law, regardless of any agreements they may have signed.