When is a release or waiver void for an Aira Fitness franchise 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).
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 release or waiver of rights in the franchise agreement or related agreements is void in Washington under specific circumstances. This applies when the release or waiver attempts to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act, including its rules and orders.
However, there are exceptions to this rule. A release or waiver is not void if it is executed pursuant to a negotiated settlement after the Aira Fitness agreement is already in effect. In this case, both parties must be represented by independent counsel, in accordance with RCW 19.100.220(2). Additionally, any release or waiver executed in connection with a renewal or transfer of a franchise is also void, except as provided for in RCW 19.100.220(2).
This means that Aira Fitness franchisees in Washington have significant protection under the state's Franchise Investment Protection Act. They cannot be forced to waive their rights unless specific conditions are met, such as having independent legal representation during a negotiated settlement. This provision aims to ensure that franchisees are not pressured into giving up their legal protections without proper counsel and due consideration.