Is Aira Fitness allowed to require franchisees to purchase products at unfair prices in Washington?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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- 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).
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- 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.
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- 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.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, a franchisee operating in Washington is protected by the Washington Franchise Investment Protection Act. Specifically, the FDD states that any release or waiver of rights that would force a franchisee to waive compliance with any provision under this Act, or any rules or orders related to it, is considered void. There is an exception to this rule, which is when the release is part of a negotiated settlement, agreed to after the franchise agreement is already in effect, and both parties have independent legal counsel.
This means that Aira Fitness cannot enforce any clause in its franchise agreement that requires a franchisee to waive their rights under the Washington Franchise Investment Protection Act. This protection extends to the sale of franchises and any violations of the Act. The document also clarifies that this protection applies to releases or waivers executed in connection with a renewal or transfer of a franchise, with the same exception for negotiated settlements with independent counsel.
Furthermore, the FDD states that any provisions in the franchise agreement that unreasonably restrict or limit the statute of limitations for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act, such as the right to a jury trial, may not be enforceable. The FDD also clarifies that transfer fees are collectable only to the extent that they reflect Aira Fitness's reasonable estimated or actual costs in effecting a transfer.