What is the condition for a 360 Painting franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
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 afterthe agreement isin 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).
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, a franchisee can only waive compliance with the Washington Franchise Investment Protection Act under specific conditions. A release or waiver of rights must be executed pursuant to a negotiated settlement after the franchise agreement is already in effect. Additionally, both parties, the franchisee and 360 Painting, must be represented by independent legal counsel during these negotiations, as stipulated by RCW 19.100.220(2). This waiver does not apply to releases executed at the commencement of the franchise relationship.
Furthermore, any release or waiver executed in connection with the renewal or transfer of a 360 Painting franchise is also void unless it adheres to the same conditions outlined in RCW 19.100.220(2), requiring a negotiated settlement after the agreement is in effect and representation by independent counsel. This ensures that franchisees are not pressured into waiving their rights without proper legal advice and a clear understanding of the implications.
This provision is designed to protect 360 Painting franchisees in Washington from unknowingly or unfairly relinquishing their rights under the state's franchise laws. It ensures that any waiver is the result of informed negotiation and not a standard clause imposed by the franchisor. Prospective franchisees should be aware of this protection and ensure they have independent counsel if any settlement involving a waiver of rights is proposed.