What areas of the Mrcool franchise agreement might RCW 19.100.180 supersede?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
provision that requires an employee to adjudicate a non-competition covenant outside of Washington State is void and unenforceable.
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- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- RCW 18.100.180 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 decision which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
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- Use of Franchise Brokers. The franchisor may use the services of franchise brokers to assist it in selling franchises. A franchise broker represents the franchisor and is paid a fee for referring prospects to the franchisor and/or selling the franchise. Carefully evaluate any information provided by a franchise broker about a franchise. Do your own investigation by contacting the franchisor's current and former franchisees to ask them about their experience with the franchisor.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, for franchisees operating in Washington state, RCW 18.100.180 may supersede the franchise agreement in areas of termination and renewal. This means that certain provisions within the Mrcool franchise agreement regarding the conditions, processes, or requirements for termination or renewal may not be enforceable if they conflict with the stipulations of Washington state law.
This amendment recognizes that state laws are designed to protect franchisees from potentially unfair or overbearing terms imposed by franchisors. By acknowledging that RCW 18.100.180 may take precedence, Mrcool is ensuring that its franchise agreements comply with Washington state regulations. This provides a level of security and protection for franchisees, as they can rely on state law to safeguard their rights concerning termination and renewal.
Prospective Mrcool franchisees in Washington should carefully review both the franchise agreement and RCW 19.100.180 to fully understand their rights and obligations regarding termination and renewal. It is also advisable to seek legal counsel to ensure a comprehensive understanding of how these provisions interact and to assess the potential implications for their specific franchise situation. Additionally, the FDD notes that court decisions may also supersede the franchise agreement in the areas of termination and renewal.