If litigation is not precluded, can a Kidokinetics franchisee in Washington bring an action related to franchise sales or violations of the Washington Franchise Investment Protection Act in Washington?

According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee in Washington can bring an action or proceeding against Kidokinetics arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington, provided that litigation is not precluded by the franchise agreement.

This addendum ensures that the franchisee retains the right to pursue legal action within their own state under specific circumstances. This protects the franchisee's rights under Washington law, preventing them from being forced to litigate disputes in a distant or inconvenient forum.

This provision is particularly important because franchise agreements often contain clauses that specify the jurisdiction and venue for any legal disputes. The Washington addendum effectively overrides such clauses to the extent that they would prevent a franchisee from bringing a case related to franchise sales or violations of the Washington Franchise Investment Protection Act in Washington State.