Are there any circumstances where an Angry Chickz franchisee can waive their right to a jury trial in Washington?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
e of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. 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.
- 4. 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).
- **5.
Source: Item 23 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, provisions in the franchise agreement 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, including the right to a jury trial, may not be enforceable. This suggests that while a waiver might be present in the agreement, its enforceability is questionable if it's deemed unreasonable under Washington law.
Furthermore, any release or waiver of rights in the franchise agreement that requires a franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is void. There is an exception to this rule, which applies when the waiver is 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). This means that during the initial agreement, a franchisee cannot waive their rights, but they may do so later under specific conditions.
In practical terms, an Angry Chickz franchisee in Washington should be aware that any initial agreement to waive their right to a jury trial might not hold up in court if challenged. However, it's possible to waive this right later on if a settlement is negotiated with the assistance of independent legal counsel. This is a critical point for prospective franchisees to understand, as it affects their legal recourse options should disputes arise with Angry Chickz.