Can Best Brains include provisions in the franchise agreement that require the franchisee to waive compliance with the Washington Franchise Investment Protection Act?
Best_Brains 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 42–190)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, if a Best Brains franchise is purchased in Washington, any attempt to waive compliance with the Washington Franchise Investment Protection Act within the franchise agreement is void. However, there is an exception: a waiver is permissible if it's part of a negotiated settlement, agreed upon after the franchise agreement is already in effect, and both parties have independent legal representation. This protection extends to renewals or transfers of the franchise, with similar conditions for valid waivers.
This means that Best Brains franchisees in Washington are generally protected by state law from unknowingly giving up their rights. The franchisee can only waive those rights if they fully understand the implications, have their own lawyer, and the waiver is part of resolving a specific issue after the franchise is up and running. This ensures that franchisees are not pressured into unfair agreements at the outset.
This provision is designed to protect franchisees from overreaching by the franchisor. It ensures that any waiver of rights is a knowing and voluntary decision made with the benefit of legal counsel, rather than a standard clause in the initial franchise agreement. Prospective Best Brains franchisees in Washington should be aware of this protection and consult with an attorney to fully understand their rights under the Washington Franchise Investment Protection Act.