In the event of a conflict of laws regarding a Learningrx franchise in Washington, which law prevails?
Learningrx 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. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW shall prevail.
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 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail in the event of a conflict of laws. This means that if there is a disagreement or inconsistency between the franchise agreement and Washington state law, the state law will be the governing authority.
This protection extends to various aspects of the franchisee's relationship with Learningrx, including termination and renewal of the franchise agreement. Court decisions may also supersede the franchise agreement in these areas. This ensures that franchisees in Washington are afforded the full protection of their state's franchise laws.
Furthermore, any arbitration or mediation involving a Learningrx franchise purchased in Washington must take place within the state, unless both parties agree to an alternative location or the arbitrator/mediator determines otherwise. Franchisees may also bring legal action in Washington for issues arising from the sale of the franchise or violations of the Washington Franchise Investment Protection Act, reinforcing the state's commitment to protecting franchisees' rights.
Releases or waivers of rights executed by a Learningrx franchisee in Washington cannot include rights under the Washington Franchise Investment Protection Act, unless it's part of a negotiated settlement with independent legal representation after the agreement is in effect. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial may also be unenforceable, further safeguarding the franchisee's legal recourse.