In the event of conflicting laws, which law prevails for Jersey Mikes franchises?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Conflict of Laws.
Washington Franchise Investment Protection Act (the "Act"), Chapter 19.100 RCW, shall prevail.
- Franchisee Bill of Rights.
RCW 19.100.180 may supersede provisions in the 2. franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your f ranchise.
There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor.
Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
- Site of Arbitration, Mediation, and/or Litigation.
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.
- General Release.
A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
Source: Item 23 — RECEIPTS (FDD pages 77–421)
What This Means (2025 FDD)
According to the 2025 Jersey Mikes Franchise Disclosure Document, the Washington Franchise Investment Protection Act prevails in the event of conflicting laws for franchises purchased in Washington. Specifically, Chapter 19.100 RCW of the Act takes precedence. This means that certain provisions in the franchise agreement may be superseded by the Act, particularly concerning the franchisee's relationship with Jersey Mikes, including termination and renewal terms. Court decisions may also override the franchise agreement. Franchise agreement provisions, including those in Item 17 of the FDD, are subject to state law.
For Jersey Mikes franchisees in Washington, this ensures that the protections afforded by Washington state law cannot be undermined by conflicting terms in the franchise agreement. This includes the franchisee's bill of rights under RCW 19.100.180. Additionally, any release or waiver of rights that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void unless it meets specific conditions, such as being part of a negotiated settlement with independent legal representation.
Furthermore, the FDD stipulates that in any arbitration or mediation involving a Jersey Mikes franchise purchased in Washington, the site must be in Washington, or a location mutually agreed upon, or as determined by the arbitrator or mediator. Franchisees may also bring legal action in Washington for issues related to the sale of franchises or violations of the Washington Franchise Investment Protection Act, provided litigation isn't precluded by the franchise agreement. These stipulations provide added protection and recourse for franchisees operating in Washington.