In the event of a conflict of laws, which state's laws prevail for a Pearce Bespoke franchise in Washington?
Pearce_Bespoke 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.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, if there is a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will take precedence for a Pearce Bespoke franchise operating in Washington.
This means that the laws of Washington state are designed to protect franchisees, and these protections will be prioritized over any conflicting terms in the franchise agreement. This specifically references Chapter 19.100 of the Revised Code of Washington (RCW), which is the Washington Franchise Investment Protection Act.
Furthermore, RCW 19.100.180 may supersede the franchise agreement in areas such as termination and renewal of the franchise. Court decisions may also supersede the franchise agreement in these areas. This indicates that Washington's franchise laws and court interpretations can modify the standard terms of the Pearce Bespoke franchise agreement to provide additional franchisee protections.
For any arbitration or mediation involving a Pearce Bespoke franchise purchased in Washington, the venue will be in Washington, or a location mutually agreed upon, or as determined by the arbitrator or mediator. Additionally, if litigation is not precluded by the franchise agreement, a franchisee can bring an action in Washington if it arises from the sale of franchises or a violation of the Washington Franchise Investment Protection Act. This ensures that Washington franchisees have the option to resolve disputes within their own state.