What does the Rider to the Surestay Hotel By Best Western Franchise Agreement supersede?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements by the Washington Franchise Investment Protection Act and the Rules and Regulations promulgated thereunder (the "Act"), the Franchise Agreement of SureStay, Inc. shall be modified as follows:
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.
Source: Item 23 — Receipts (FDD pages 88–286)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, the Rider to the Surestay Hotel By Best Western Franchise Agreement modifies the agreement to comply with state laws. For franchisees operating in Washington, the Rider states that RCW 19.100.180, part of the Washington Franchise Investment Protection Act, may supersede the franchise agreement. This includes areas related to the termination and renewal of the franchise. Additionally, court decisions may also supersede the franchise agreement in these areas.
This means that certain provisions of the Surestay Hotel By Best Western Franchise Agreement may not be enforceable in Washington if they conflict with Washington state law. The Washington Franchise Investment Protection Act is designed to protect franchisees, and its provisions will take precedence over the franchise agreement in case of a conflict. This could affect a franchisee's rights and obligations regarding termination and renewal of their franchise.
For a prospective Surestay Hotel By Best Western franchisee in Washington, it is crucial to understand the implications of the Washington Franchise Investment Protection Act. They should consult with a legal professional to ensure they are fully aware of their rights and obligations under both the franchise agreement and Washington law. This will help them make informed decisions and avoid potential disputes with the franchisor.