What is the impact of RCW 19.100.190 on damage waivers in the Alloy franchise agreement?

According to Alloy's 2025 Franchise Disclosure Document, RCW 19.100.190 affects damage waivers within the franchise agreement for franchisees operating in Washington state. Specifically, this statute allows franchisees to seek treble damages under certain conditions.

The Washington Addendum to the Franchise Agreement modifies any provisions that require franchisees to waive exemplary, punitive, or similar damages. Such waivers are considered void, unless they are part of a negotiated settlement agreed upon after the franchise agreement is already in effect. Furthermore, for the waiver to be valid, both Alloy and the franchisee must be represented by independent legal counsel, as stipulated by RCW 19.100.220(2).

In practical terms, this means that if an Alloy franchisee in Washington state experiences damages that would typically be subject to waivers in the franchise agreement, RCW 19.100.190 provides them with the potential to seek significantly higher damages (treble damages) than they might otherwise be entitled to. However, this right is contingent on the waiver not being part of a post-agreement settlement where both parties have legal representation. This addendum ensures that Alloy franchisees in Washington are afforded the protections provided by Washington state law, which can supersede conflicting terms in the standard franchise agreement.