Does the claims limitation provision in Section 22.5 of the Franchise Agreement apply to Itan franchisees in Washington?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
The claims limitation provision in Section 22.5 of the Franchise Agreement does not apply to Washington franchisees.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the claims limitation provision in Section 22.5 of the Franchise Agreement does not apply to Itan franchisees in Washington state. This means that any clause within the franchise agreement that attempts to limit the time a franchisee has to bring a claim against Itan is unenforceable in Washington.
This protection is due to the Washington Franchise Investment Protection Act, which aims to safeguard franchisees' rights. The FDD acknowledges that Washington state law takes precedence over conflicting terms in the franchise agreement. This ensures that Itan franchisees in Washington are not bound by limitations on claims that would otherwise be imposed by Section 22.5 of the agreement.
For a prospective Itan franchisee in Washington, this is a significant benefit. It means they have the full statutory period allowed under Washington law to bring any claims against the franchisor, rather than a shorter, contractually limited time. This provides added security and recourse in case of disputes or issues arising from the franchise relationship.