In the event of a conflict of laws regarding a Kitchen Solvers franchise in Washington, which law prevails?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD 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.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the Washington Addendum specifies that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail for franchises in Washington. This means that if any part of the standard Kitchen Solvers franchise agreement clashes with Washington state law, the state law takes precedence.
This addendum also clarifies that RCW 19.100.180 and court decisions may supersede the franchise agreement, particularly in areas of termination and renewal. This means that Washington state laws regarding franchise termination and renewal will override the terms outlined in the standard Kitchen Solvers franchise agreement.
Furthermore, any release or waiver of rights executed by a Kitchen Solvers franchisee in Washington cannot include rights under the Washington Franchise Investment Protection Act unless it's part of a negotiated settlement with independent legal counsel after the agreement is already in effect. Provisions that unreasonably restrict the statute of limitations for claims or rights to a jury trial may not be enforceable. This ensures that franchisees retain their rights under state law, even if the franchise agreement attempts to limit them.