What is the significance of RCW 19.100.220(2) regarding releases for Aira Fitness franchisees 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, RCW 19.100.220(2) is significant for Aira Fitness franchisees in Washington because it pertains to the enforceability of releases or waivers of rights within the franchise agreement.
Specifically, any release or waiver that requires a franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act, including its rules and orders, is considered void. There is an exception to this rule: such a release is valid only if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. Furthermore, both Aira Fitness and the franchisee must be represented by independent legal counsel during these negotiations.
This protection extends to releases or waivers signed in connection with the renewal or transfer of a franchise, which are also void unless they meet the conditions specified in RCW 19.100.220(2). This ensures that Aira Fitness franchisees in Washington are not pressured into unknowingly giving up their rights under the state's franchise laws, especially during critical junctures like renewal or transfer, without the benefit of independent legal advice and a fair negotiation process.