What damages can Angry Chickz franchisees seek under RCW 19.100.190 in Washington?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
Waiver of Exemplary & Punitive Damages.** RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances.
Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are 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).
Source: Item 23 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, franchisees in Washington, under RCW 19.100.190, may be able to seek treble damages under certain circumstances. This means that a franchisee could potentially recover three times the amount of their actual damages if they prevail in a legal claim.
However, the FDD also states that any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void. There is an exception to this rule, which is when a negotiated settlement is reached after the franchise agreement is already in effect. In this case, the waiver is only valid if both parties are represented by independent legal counsel, in accordance with RCW 19.100.220(2).
This addendum to the franchise agreement is specific to franchisees operating in Washington state, due to the Washington Franchise Investment Protection Act. Prospective Angry Chickz franchisees in Washington should carefully review these provisions with legal counsel to understand their rights and potential remedies under Washington law.