Can an Aira Fitness franchisee waive compliance with the Washington Franchise Investment Protection Act?
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.
Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, a franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is restricted. A general release or waiver of rights that attempts to bind a franchisee to waive compliance with any provision under this Act is void. However, there is an exception: such a waiver is permissible if it is executed as part of a negotiated settlement after the franchise agreement is already in effect, and both parties are represented by independent counsel, in accordance with RCW 19.100.220(2). This exception does not apply to releases or waivers executed in connection with a renewal or transfer of a franchise, which remain void unless they also meet the conditions of RCW 19.100.220(2).
Furthermore, the Aira Fitness FDD states that provisions in the franchise agreement or related documents 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. This suggests that while some restrictions might be technically permissible, those that are deemed unreasonable could be challenged and invalidated.
In practical terms, this means that an Aira Fitness franchisee in Washington cannot be compelled to sign away their rights under the Washington Franchise Investment Protection Act at the outset of the franchise relationship. Any attempt to do so is legally void. However, in the event of a dispute that leads to a negotiated settlement, and with the benefit of independent legal advice, a franchisee may agree to waive certain rights. Prospective franchisees should be aware of these protections and seek independent legal counsel to fully understand their rights under Washington law.