Does the Washington Addendum supersede any related agreements for a Zoomin Groomin franchise?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
-
- 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.
-
- 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.
-
- 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.
-
- 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).
-
- Statute of Limitations and Waiver of Jury Trial.
Source: Item 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin FDD, the Washington Addendum modifies the franchise agreement and all related agreements. The addendum forms an integral part of these agreements, regardless of any conflicting information contained within them. This applies if the offer to sell the franchise is accepted in Washington, the purchaser is a Washington resident, or the franchised business is located or operated in Washington.
Several specific provisions within the Washington Addendum further clarify how Washington state law takes precedence over conflicting terms in the franchise agreement. For example, any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims under Washington franchise law or disclaim reliance on statements made by Zoomin Groomin. This ensures franchisees cannot inadvertently forfeit their legal rights through standard paperwork.
Additionally, the addendum addresses issues such as conflict of laws, franchisee rights, and limitations on certain clauses. In case of conflicting laws, the Washington Franchise Investment Protection Act prevails. The addendum also states that RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning the franchisee's relationship with Zoomin Groomin, especially in areas like termination and renewal. Provisions related to noncompetition covenants and nonsolicitation agreements are also addressed, ensuring they comply with Washington state law, including specific earnings thresholds for enforceability.
These stipulations protect the franchisee by ensuring that Washington state law and the rights it provides are not undermined by the standard franchise agreement. Prospective Zoomin Groomin franchisees in Washington should carefully review the addendum to understand their rights and how the franchise agreement is modified to comply with state law.