Are Aira Fitness franchisees permitted to seek treble damages under RCW 19.100.190?

According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees are permitted to seek treble damages under RCW 19.100.190 under certain circumstances. However, any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void. An exception exists when the waiver is executed as part of a negotiated settlement after the franchise agreement is in effect, and both parties are represented by independent counsel, in accordance with RCW 19.100.220(2).

This means that Aira Fitness franchisees in Washington State have the right to pursue treble damages if they believe they have grounds to do so under RCW 19.100.190. However, Aira Fitness cannot enforce a clause in the franchise agreement that forces a franchisee to waive their right to seek such damages, unless it is part of a settlement reached after the agreement has been signed and both Aira Fitness and the franchisee have their own lawyers.

This provision protects franchisees from being forced to give up their legal rights upfront. It ensures that any waiver of the right to seek treble damages is made knowingly and voluntarily, with the benefit of legal advice. Prospective Aira Fitness franchisees should understand this protection and consult with an attorney to fully understand their rights under Washington law.