In the event of conflicting laws regarding a Jersey Mikes franchise in Washington, which law prevails?
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.
Source: Item 23 — RECEIPTS (FDD pages 77–421)
What This Means (2025 FDD)
According to Jersey Mikes' 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, takes precedence in the event of conflicting laws. This means that if there is a conflict between any provision in the franchise agreement and the Washington Franchise Investment Protection Act, the Act will govern.
For a prospective Jersey Mikes franchisee in Washington, this is a beneficial protection. It ensures that the franchisee's rights under Washington law are upheld, even if the franchise agreement attempts to supersede those rights. This covers various aspects of the franchise relationship, including termination and renewal, as RCW 19.100.180 may override conflicting provisions in the franchise agreement.
Furthermore, 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. Provisions that unreasonably restrict the statute of limitations for claims or waive the right to a jury trial under the Act may also be unenforceable. This ensures that franchisees retain their legal rights and remedies under Washington law.