Can an Aira Fitness franchisee bring an action in Washington if litigation is not precluded by the franchise agreement?

According to Aira Fitness's 2025 Franchise Disclosure Document, a franchisee may bring an action in Washington if litigation is not precluded by the franchise agreement. This action or proceeding must arise out of or be in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act.

This provision is part of the Washington Addendum to the Franchise Disclosure Document, the Franchise Agreement, and all related agreements. It applies if the offer to sell a franchise is accepted in Washington, the purchaser of the franchise is a resident of Washington, and/or the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.

Furthermore, any release or waiver of rights in the franchise agreement that requires the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is void. The exception is when the release is 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). This also applies to any release or waiver executed in connection with a renewal or transfer of a franchise, with the same exception as provided for in RCW 19.100.220(2).

Provisions in the franchise agreement 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.