In Washington, what is the RCW number that governs noncompetition covenants for Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenf
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, in Washington, noncompetition covenants are governed by specific Revised Code of Washington (RCW) sections. For employees of an Augusta Lawn Care franchisee, RCW 49.62.020 states that a noncompetition covenant is void and unenforceable if the employee's annualized earnings from the party seeking enforcement do not exceed $100,000 per year, with this amount being adjusted annually for inflation.
For independent contractors of an Augusta Lawn Care franchisee, RCW 49.62.030 stipulates that a noncompetition covenant is void and unenforceable unless the independent contractor's earnings from the enforcing party exceed $250,000 per year, also adjusted annually for inflation. These statutes ensure that lower-earning employees and contractors are not unduly restricted by non-compete agreements.
Additionally, RCW 49.62.060 prohibits Augusta Lawn Care from restricting a franchisee from soliciting or hiring employees of other franchisees within the Augusta Lawn Care system or employees of the franchisor itself. This provision aims to foster a competitive labor market within the franchise network and prevent undue restrictions on franchisee's ability to recruit talent. Any conflicting provisions in the franchise agreement are void and unenforceable in Washington.