What Washington statute concerning franchise investment protection may supersede the Kitchen Solvers franchise agreement?
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.
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.
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.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, for franchisees in Washington, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, may supersede the franchise agreement in the event of a conflict of laws. Specifically, RCW 19.100.180 may take precedence over the Kitchen Solvers franchise agreement, especially in matters concerning the termination and renewal of the franchise. This means that certain provisions of the standard Kitchen Solvers franchise agreement might not be enforceable in Washington if they conflict with the state's franchise laws.
This addendum ensures that Kitchen Solvers franchisees in Washington are protected by their state's franchise laws, which may offer greater rights and protections than the standard franchise agreement. For example, the Washington Franchise Investment Protection Act could affect the conditions under which Kitchen Solvers can terminate or refuse to renew a franchise agreement. It also dictates that any arbitration or mediation must occur in Washington unless otherwise agreed upon, and it allows franchisees to bring legal actions in Washington for violations of the Act.
Furthermore, any release or waiver of rights executed by a Kitchen Solvers franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement with independent legal counsel. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may also be unenforceable. Transfer fees must also reflect Kitchen Solvers' reasonable costs. These stipulations provide significant legal safeguards for franchisees operating in Washington, ensuring that their rights under state law are upheld and cannot be inadvertently waived or restricted by the franchise agreement.