Does the provision regarding waivers and disclaimers supersede other terms in documents related to the Kidokinetics franchise in Washington?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
WASHINGTON
ADDENDUM TO FRANCHISE AGREEMENT AND FRANCHISE DISCLOSURE DOCUMENT
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 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 in your relationship with the franchisor including the areas of termination and renewal of your franchise.
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.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, for franchisees in Washington, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence in the event of conflicting laws. This means that the state's franchise laws will override any conflicting terms in the franchise agreement. Additionally, court decisions may also supersede the franchise agreement, particularly in areas concerning termination and renewal of the franchise.
This addendum ensures that Kidokinetics franchisees operating in Washington are protected by the state's franchise laws, regardless of what the franchise agreement might state. This is a crucial protection for franchisees, as it prevents the franchisor from enforcing terms that are not in compliance with Washington law. The FDD also specifies that any arbitration or mediation involving a franchise purchased in Washington must occur within the state, or in a mutually agreed-upon location, ensuring a more convenient and accessible process for the franchisee.
Furthermore, the FDD states that franchisees in Washington have the right to bring legal action in Washington if litigation is not precluded by the franchise agreement, arising from the sale of franchises or violations of the Washington Franchise Investment Protection Act. This provision reinforces the franchisee's ability to seek legal recourse within their own state, providing an additional layer of protection and convenience.
In summary, the Washington addendum to the Kidokinetics franchise agreement and Franchise Disclosure Document is designed to protect franchisees by ensuring that Washington state laws and court decisions take precedence over conflicting terms in the franchise agreement, and by providing a convenient venue for dispute resolution.