How might RCW 19.100.180 affect the Itan Franchise Agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, the Disclosure Document, Franchise Agreement and Supplemental Agreements are amended 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.
RCW 19.100.180 may supersede the Franchise Agreement and Supplemental Agreements 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 and Supplemental Agreements in your relationship with the franchisor including the areas of termination and renewal of your franchise.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, RCW 19.100.180 may supersede the Itan Franchise Agreement and any supplemental agreements in Washington. This could specifically impact areas related to the termination and renewal of an Itan franchise. This means that certain provisions within the standard Itan franchise agreement regarding termination or renewal might not be enforceable in Washington if they conflict with the state's franchise investment protection act.
This acknowledgment in the FDD serves as a notification to prospective Itan franchisees in Washington that state law offers certain protections that override the standard contractual terms. Franchisees should be aware that the Washington Franchise Investment Protection Act provides specific rights and remedies that cannot be waived or superseded by the franchise agreement, except under very specific circumstances such as a negotiated settlement with independent legal representation.
It is important for potential Itan franchisees in Washington to carefully review both the franchise agreement and Chapter 19.100 RCW to understand their rights and obligations. Consulting with an attorney experienced in franchise law is highly recommended to fully grasp the implications of this state-specific regulation. This will help ensure that franchisees are aware of the conditions under which the franchise can be terminated or renewed and what protections they have under Washington law.