For Bambu franchisees in Washington, what is prohibited regarding the release or waiver of rights under the Washington Franchise Investment Protection Act, RCW 19.100?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, a Washington franchisee's release or waiver of rights cannot include rights under the Washington Franchise Investment Protection Act, RCW 19.100, or any related rule or order.
However, there is an exception to this rule. A franchisee can execute a release or waiver of these rights if it occurs as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent legal counsel.
Additionally, the FDD states that provisions that unreasonably restrict or limit the statute of limitations for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable. This ensures that franchisees retain certain fundamental legal protections under the Washington Franchise Investment Protection Act.