Can a Basecamp Fitness franchisee seek treble damages under RCW 19.100.190 in Washington?

According to the 2025 Basecamp Fitness Franchise Disclosure Document, a franchisee in Washington may be able to seek treble damages under RCW 19.100.190. The FDD states that provisions in the franchise agreement 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). This means that Basecamp Fitness cannot enforce a clause that prevents a franchisee from seeking treble damages unless specific conditions are met.

This protection is provided under the Washington Franchise Investment Protection Act, and it ensures that franchisees have certain rights that cannot be waived at the outset of the franchise relationship. The inclusion of this information in the Washington Addendum to the Basecamp Fitness Franchise Disclosure Document indicates that Washington state law takes precedence over conflicting terms in the standard franchise agreement.

For a prospective Basecamp Fitness franchisee in Washington, this means that the ability to seek treble damages is preserved under certain circumstances, despite any initial waivers in the franchise agreement. However, it's important to note that this right may be waived later if a settlement is negotiated with independent counsel present. Franchisees should consult with an attorney to fully understand their rights and the implications of any settlement agreements.