factual

What is the impact of the Washington Franchise Investment Protection Act on the Zoomin Groomin franchise agreement regarding the franchisee's rights?

Zoomin_Groomin Franchise · 2025 FDD

Answer from 2025 FDD Document

is modified to also provide as follows: "The Virginia State Corporation Commission's Division of Securities and Retail Franchising requires us to defer payment of the initial franchise fee and other initial payments owed by franchisees to the franchisor until the franchisor has completed its pre-opening obligations under the franchise agreement."

FRANCHISEE: FRANCHISOR: ZOOMIN GROOMIN USA LLC D/B/A ZOOMIN GROOMIN
By: By:
By: Date:

WASHINGTON ADDENDUM TO THE FRANCHISE AGREEMENT AND RELATED AGREEMENT

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.

    1. 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.
    1. 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.
    1. Site of Arbitration, Mediation, and/or Litigation. 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.
    1. General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2). In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
    1. Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
    1. Transfer Fees. Transfer fees are collectable only to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
    1. Termination by Franchisee. The franchisee may terminate the franchise agreement under any grounds permitted under state law.
    1. Certain Buy-Back Provisions. Provisions in franchise agreements or related agreements that permit the franchisor to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful pursuant to RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
    1. Fair and Reasonable Pricing.

Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)

What This Means (2025 FDD)

According to the 2025 Zoomin Groomin Franchise Disclosure Document, the Washington Franchise Investment Protection Act significantly impacts the rights of franchisees in Washington state. An addendum to the franchise agreement specifically addresses Washington law, stating that the provisions of the addendum are incorporated into the Franchise Disclosure Document, the franchise agreement, and all related agreements if the franchise is offered or accepted in Washington, the purchaser is a Washington resident, or the franchised business is located or operated in Washington.

The Washington Franchise Investment Protection Act will prevail in the event of any conflict of laws. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Zoomin Groomin, particularly in areas of termination and renewal. Additionally, court decisions may also supersede the franchise agreement. Franchisees may bring actions regarding the sale of franchises or violations of the Act in Washington if litigation isn't precluded.

The Act also addresses specific franchisee rights, including the franchisee's right to terminate the franchise agreement under any grounds permitted under state law. Certain provisions in the franchise agreement that might otherwise limit franchisee rights are rendered void or unenforceable under Washington law. These include waivers of compliance with the Act (unless part of a negotiated settlement with independent counsel), unreasonable restrictions on the statute of limitations for claims under the Act, and limitations on rights or remedies such as the right to a jury trial. Provisions allowing Zoomin Groomin to repurchase the franchisee's business without consent during the term, unless terminated for good cause, are unlawful. Similarly, any requirement to purchase or rent products or services at unfair prices is also unlawful.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.