What damages can Aira Fitness franchisees seek under RCW 19.100.190?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- Waiver of Exemplary & Punitive Damages. RCW 19.100.190 permits franchisees to seek treble damages
under certain circumstances. Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are 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 acc
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, franchisees in Washington State may be able to seek treble damages under RCW 19.100.190 under certain circumstances. This means that if an Aira Fitness franchisee successfully sues the franchisor and proves damages, the court could award them three times the amount of their actual losses.
The FDD stipulates that any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void. However, there is an exception: such waivers are allowed if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both parties are represented by independent legal counsel, as per RCW 19.100.220(2).
This clause protects Aira Fitness franchisees from unknowingly giving up their rights to seek additional damages in case of disputes. It ensures that any waiver of these rights is only valid if it's made knowingly and voluntarily during settlement negotiations with legal representation. Franchisees should consult with an attorney to fully understand their rights and potential remedies under Washington law.