Under what conditions is a release or waiver of rights binding for an Atwell Suites licensee in Washington?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights in the License or related agreements purporting to bind a licensee to waive compliance with any provision the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the License is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.200(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).
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, a release or waiver of rights purporting to bind a licensee to waive compliance with any provision of the Washington Franchise Investment Protection Act, or any rules or orders, is generally void in Washington.
However, there is an exception: such a release or waiver is binding if it is executed pursuant to a negotiated settlement after the Atwell Suites license is in effect. In this case, both parties must be represented by independent counsel, in accordance with RCW 19.100.200(2).
Additionally, any release or waiver executed in connection with a renewal or transfer of a franchise is also void, except as provided for in RCW 19.100.220(2). This ensures that Atwell Suites franchisees in Washington are protected by the state's franchise laws and regulations, unless specific conditions are met where both parties have legal representation during a negotiated settlement.