Does RCW 49.62.030 apply to independent contractors of a Pearce Bespoke franchisee?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee are independent contractors. Neither Franchisor nor Franchisee will make any agreements, representations, or warranties in the name of or for the other or that their relationship is other than franchisor and franchisee. Neither Franchisor nor Franchisee will be obligated by or have any liability under any agreements, representations or warranties made by the other. Franchisee alone will be responsible for all loss or damage arising out of or relating to the operation of Franchisee's business or arising out of the acts or omissions of Franchisee or any of its agents, employees, or contractors in connection with the preparation and sale of products by Franchisee, and for all claims for damage to property or for injury or death of any persons directly or indirectly resulting therefrom. Franchisee acknowledges that the customer list of all Pearce Bespoke or commercial customers shall be the sole and exclusive property of Franchisor, and that Franchisee shall have no ownership rights or interest in the customer list. Franchisee will indemnify Franchisor against and will reimburse Franchisor for all obligations and damages arising out of the operation of Franchisee's business, including all costs Franchisor reasonably incurs in the defense of any such claim brought against it or in any action in which it is named as a party (including reasonable attorneys' fees), including without limitation any claims brought against it related to Franchisee's violations of Privacy Laws. Franchisor will have the right to defend any such claim against it. Franchisor will indemnify Franchisee against and reimburse Franchisee for any obligations or liability for damages attributable to agreements, representations or warranties of Franchisor, or custom by Franchisor's negligence or willful action, and for costs Franchisee reasonably incurs in the defense of any such claim brought against it or in any action in which it is named as a party, provided that Franchisor will have the right to participate in and, to the extent Franchisor deems necessary, to control any litigation or proceeding which might result in liability of or expense to Franchisee subject to such indemnification. The indemnities and assumptions of liabilities and obligations stated in this Agreement will continue in full force and effect following the expiration, termination, or a transfer of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Franchise Agreement for Pearce Bespoke states that the franchisee is responsible for all loss or damage arising out of the acts or omissions of the franchisee or any of its agents, employees, or contractors. This means that the franchisee is responsible for the actions of their independent contractors. The agreement also states that the franchisee will indemnify Pearce Bespoke against and will reimburse Pearce Bespoke for all obligations and damages arising out of the operation of the franchisee's business. This includes any claims brought against Pearce Bespoke related to the franchisee's violations of Privacy Laws.
Furthermore, the Pearce Bespoke Franchise Agreement specifies that the relationship between the franchisor and franchisee is that of independent contractors. The agreement explicitly states that neither party can make agreements, representations, or warranties in the name of the other, nor can they represent their relationship as anything other than franchisor and franchisee. This reinforces the franchisee's independent responsibility for their business operations and associated liabilities.
In practical terms, this means a Pearce Bespoke franchisee must ensure their independent contractors comply with all applicable laws, including RCW 49.62.030 if it applies to their activities. The franchisee would be liable for any non-compliance. Prospective franchisees should consult with legal counsel to fully understand their obligations and potential liabilities related to independent contractors.