In Washington, can RCW 19.100.180 supersede the Southern Steer Franchise Agreement regarding termination and renewal?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON
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 and Multi-Unit Development Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise and development rights. There may also be court decisions which may supersede the Franchise Agreement and Multi-Unit Development in your relationship with the franchisor including the areas of termination and renewal of your franchise.
Source: Item 5 — and 7 of the FDD, Section 3.1 of the Franchise Agreement and Section 4.1 of the Multi-Unit Development Agreement are hereby amended to state that payment of the initial franchise fee and development fee will be deferred until We have satisfied Our pre-opening obligations, and You have commenced business operations. (FDD pages 168–290)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, for franchisees in Washington state, the Washington Franchise Investment Protection Act, specifically Chapter 19.100 RCW, takes precedence over the Southern Steer Franchise Agreement if there are conflicting laws.
RCW 19.100.180 may supersede the Franchise Agreement and Multi-Unit Development Agreement, especially concerning the termination and renewal of franchise and development rights. Additionally, court decisions could also override the Franchise Agreement and Multi-Unit Development Agreement in matters of termination and renewal.
This means that certain provisions in the Southern Steer franchise agreement regarding termination or renewal may not be enforceable in Washington if they conflict with state law. Prospective franchisees should be aware of this and consult with legal counsel to understand their rights under Washington law. This ensures that franchisees are protected by Washington's franchise laws, even if the franchise agreement contains contradictory terms.