What is the significance of RCW 19.100.220(2) regarding releases or waivers in the Angry Chickz Development Agreement in Washington?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
- **11.
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, RCW 19.100.220(2) is relevant to releases or waivers executed in connection with a renewal or transfer of a franchise in Washington. Any such release or waiver is void unless it complies with the provisions outlined in RCW 19.100.220(2).
Specifically, RCW 19.100.220(2) allows for waivers of exemplary, punitive, or similar damages only when executed pursuant to a negotiated settlement after the agreement is already in effect. Additionally, both parties, the franchisor and franchisee, must be represented by independent counsel during the negotiation and execution of the settlement.
This means that Angry Chickz franchisees in Washington cannot be forced to waive their rights to seek exemplary or punitive damages at the outset of the franchise agreement or during its term. Such waivers are only valid if they occur during a negotiated settlement with the assistance of independent legal counsel. This provision protects franchisees from unknowingly or unfairly relinquishing their rights under the Washington Franchise Investment Protection Act.