Can a Kitchen Solvers franchisee in Washington bring an action related to the sale of franchises in Washington?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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 area development 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.
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, a franchisee in Washington 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, if litigation is not precluded by the area development agreement. This means that Kitchen Solvers franchisees in Washington have the right to pursue legal action within the state related to franchise sales or violations of the state's franchise law under certain conditions.
This right is further protected by the stipulation that a release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act, except under specific circumstances. These circumstances are when the release is part of a negotiated settlement after the agreement is in effect and both parties are represented by independent counsel. This ensures that franchisees cannot unknowingly or unfairly waive their rights under the Act.
Additionally, provisions that 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. This safeguards the franchisee's ability to pursue legal remedies effectively. The FDD also states that 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. This ensures a fair and accessible process for resolving disputes.