In the event of conflicting laws, which law prevails for a My Salon Suite franchise?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON
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.
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- 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.
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- 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.
Source: Item 17 — (r) of the FDD and Section 13 of the Franchise Agreement disclose the existence of certain covenants restricting competition to which Franchisee must agree. The Commissioner has held that covenants restricting competition contrary to Section 9-08-06 of the North Dakota Century Code, without further disclosing that such covenants may be subject to this statue, are unfair, unjust, or inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law. The FDD and the Franchise Agreement are amended accordingly to the extent required by law. (FDD pages 230–274)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, the Washington Addendum clarifies which laws take precedence in case of conflict. If a My Salon Suite franchise is accepted in Washington, the purchaser is a resident of Washington, and/or the franchised business is located or operated in Washington, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW, will prevail over any conflicting laws.
This means that franchisees operating in Washington are afforded the protections and rights outlined in the Washington Franchise Investment Protection Act. This act covers various aspects of the franchise relationship, including termination and renewal, potentially superseding provisions in the franchise agreement. Franchisees should be aware of these rights, as they may differ from the standard terms outlined in the franchise agreement.
Additionally, court decisions may also supersede the franchise agreement or related agreements concerning the franchisee's relationship with My Salon Suite. Franchisees should consult with legal counsel to understand their rights and obligations under Washington law and how they interact with the franchise agreement. This ensures that franchisees are fully informed of their legal standing and can navigate any disputes or issues that may arise during the franchise term.