What is the effect of the Washington Addendum on the Moes Southwest Grill Franchise Disclosure Document?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
eleted.
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- The provisions of the Franchise Agreement on governing law, jurisdiction, and choice of law will not be a waiver of any right conferred on you by the North Dakota Franchise Investment Law.
RHODE ISLAND ADDENDUM TO FRANCHISE AGREEMENT
In recognition of the requirements of the Rhode Island Franchise Investment Act, §§ 19- 28.1-1 through 19-28.1-34, the Franchise Agreement, for franchises offered and sold in the State of Rhode Island or to Rhode Island residents, is amended to include the following:
- Section 19-28.1.-14 of the Rhode Island Franchise Investment Act provides that "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
- 1. Conflict of Laws. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
- 2. Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise. There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor. Franchise agreement provisions, including those summarized in Item 17 of the Franchise Disclosure Document, are subject to state law.
- 3. Site of Arbitration, Mediation, and/or Litigation. 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.
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Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, the Washington Addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements for franchisees in Washington. This addendum is an integral part of these documents and applies if the franchise offer is accepted in Washington, the purchaser is a Washington resident, or the franchised business will operate in Washington.
The addendum addresses potential conflicts of law, stating that the Washington Franchise Investment Protection Act will prevail in such cases. It also notes that RCW 19.100.180, the Franchisee Bill of Rights, may supersede provisions in the franchise agreement, particularly concerning termination and renewal rights. Additionally, court decisions may also override the franchise agreement regarding the franchisee's relationship with Moe's Southwest Grill.
Regarding dispute resolution, the addendum specifies that any arbitration or mediation involving a franchise purchased in Washington will take place in Washington, or at a mutually agreed-upon location, or as determined by the arbitrator or mediator. Furthermore, if litigation is not precluded by the franchise agreement, a franchisee can bring an action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act in Washington. The addendum also ensures that no statement signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Moe's Southwest Grill or its representatives, superseding any conflicting terms in other documents. Finally, Exhibit I (Franchisee Disclosure Acknowledgment) to the Franchise Disclosure Document is deleted in its entirety.