What Washington law governs the jurisdictional requirements of each provision of the Monicals Pizza Addendum?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
| between Monical Pizza Corporation and | This Addendum to the Area Development Agreement is agreed to this day of, 20, by and | |
|---|---|---|
| 1. | In recognition of the requirements of the Washington Franchise Investment Protection Act, | |
| is amended as follows: | Washington Rev. Code §§19.100.010 – 19.100.940, the Area Development Agreement for Monical Pizza Corporation | |
| | Investment Protection Act will prevail. | Section 13.1 of the Area Development Agreement requires that the franchise be governed by Illinois Law; in the event of a conflict of laws, the provisions of the Washington Franchise |
| | Washington. | Sections 13.2 and 13.7 of the Area Development Agreement require litigation or arbitration to be conducted in Illinois, the requirement shall not limit any rights Developer may have under the Washington Franchise Investment Protection Act to bring suit in the State of |
| | not be enforceable. | Provisions as such as those that unreasonably restrict or limit the statute of limitations period for claims under the Act, rights or remedies under the Act such as a right to a jury trial may |
| 2. | Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern. | Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Washington Law applicable to the provisions are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Area Development |
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, the Washington Franchise Investment Protection Act, Washington Rev. Code §§19.100.010 – 19.100.940, governs the jurisdictional requirements of each provision within the Washington Addendum to the Area Development Agreement.
This means that each part of the addendum is only effective if it independently meets the legal requirements set by Washington State law. This ensures that Monicals Pizza franchisees in Washington are protected by their state's franchise laws, regardless of what the standard Area Development Agreement says.
Specifically, if there's a conflict between Illinois law (which normally governs the agreement) and the Washington Franchise Investment Protection Act, the Washington Act takes precedence. Additionally, any clauses requiring lawsuits or arbitration to occur in Illinois do not limit a developer's right to sue in Washington under the Franchise Investment Protection Act. Provisions that unreasonably restrict the statute of limitations or rights to a jury trial under the Act are not enforceable.