Are there any circumstances under which an Aira Fitness franchisee in Washington can be required to 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.
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- Transfer Fees.
Transfer fees are collectable only to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
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- Termination by Franchisee. The franchisee may terminate the franchise agreement under any grounds permitted under state law.
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- Certain Buy-Back Provisions. Provisions in franchise agreements or related agreements that permit the franchisor to repurchase the franchisee's business for any reason during the term of the franchise agreement without the franchisee's consent are unlawful pursuant to RCW 19.100.180(2)(j), unless the franchise is terminated for good cause.
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- Fair and Reasonable Pricing. Any provision in the franchise agreement or related agreements that requires the franchisee to purchase orrent any product or service for more than a fair and reasonable price is unlawful under RCW 19.100.180(2)(d).
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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 franchisee in Washington can only waive compliance with the Washington Franchise Investment Protection Act under very specific conditions. A waiver is permissible only if it is part of a negotiated settlement reached after the franchise agreement is already in effect. Additionally, both Aira Fitness and the franchisee must be represented by independent legal counsel during these negotiations, in accordance with RCW 19.100.220(2). This protects franchisees from unknowingly or unfairly relinquishing their rights under the Act.
The FDD also clarifies that any release or waiver connected to the renewal or transfer of a franchise is void unless it adheres to the same conditions outlined in RCW 19.100.220(2), meaning it must be part of a negotiated settlement with independent counsel. This ensures that franchisees cannot be pressured into waiving their rights during critical junctures like renewals or transfers, where they might feel compelled to agree to unfavorable terms.
Furthermore, the Aira Fitness FDD states that any provisions in the franchise agreement or related documents that unreasonably restrict the statute of limitations for claims under the Washington Franchise Investment Protection Act, or limit rights or remedies under the Act, such as the right to a jury trial, may not be enforceable. This provision aims to prevent Aira Fitness from using contractual terms to unduly limit a franchisee's ability to pursue legal recourse under the Act. The FDD also states that any provision that prohibits a franchisee from communicating with regulators is unlawful under RCW 19.100.180(2)(h).