What is the relevance of RCW 19.100.220(2) to releases or waivers for a Bee Organized franchise in Washington?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
According to the 2025 Bee Organized Franchise Disclosure Document, RCW 19.100.220(2) of the Washington Franchise Investment Protection Act has specific relevance to releases or waivers of rights within the franchise agreement for franchisees in Washington.
Specifically, any release or waiver of rights in the franchise agreement or related documents that attempts to have a franchisee waive compliance with any provision of the Washington Franchise Investment Protection Act, or any rules or orders under it, is considered void. However, there is an exception: such a waiver is permissible if it is executed 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, and the waiver must comply with RCW 19.100.220(2).
This also applies to releases or waivers executed in connection with a renewal or transfer of a Bee Organized franchise. These types of releases are void unless they meet the conditions specified in RCW 19.100.220(2), meaning they must be part of a negotiated settlement, agreed to after the franchise agreement is in effect, and involve both parties being represented by independent counsel. This ensures that franchisees are not pressured into unknowingly giving up their rights under the Washington Franchise Investment Protection Act, especially during the initial agreement or during renewal or transfer situations.