When is a release or waiver of rights valid for a Beef O Bradys franchise in Washington?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
General Release. A release or waiver of rights in the Franchise Agreement or related agreements purporting to bind you 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 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, a release or waiver of rights related to the Franchise Agreement is generally void in Washington, with a specific exception.
The exception is that such a release or waiver is valid only when it is executed as part of a negotiated settlement after the franchise agreement is already in effect. Furthermore, for the waiver to be valid, both Beef O Bradys and the franchisee must be represented by independent legal counsel during these negotiations. This is in accordance with Washington state law (RCW 19.100.220(2)).
Additionally, any release or waiver connected to the renewal or transfer of a Beef O Bradys franchise is also void unless it meets the conditions specified in RCW 19.100.220(2), meaning it must be part of a negotiated settlement with independent legal representation for both parties. This provision aims to protect franchisees from unknowingly waiving their rights under the Washington Franchise Investment Protection Act.