Does RCW 19.100.190 permit Best Brains franchisees to seek treble damages?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Waiver of Exemplary & Punitive Damages.
RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances.
Accordingly, provisions contained in the franchise agreement or elsewhere 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).
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, RCW 19.100.190 does permit franchisees to seek treble damages under certain circumstances. This means that a Best Brains franchisee in Washington may be able to recover three times their actual damages if they can prove a violation of the Washington Franchise Investment Protection Act.
However, the FDD also states that any provisions in the franchise agreement requiring franchisees to waive exemplary, punitive, or similar damages are void. There is an exception to this rule: such waivers are allowed if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both parties are represented by independent legal counsel, as per RCW 19.100.220(2).
In practical terms, this means that Best Brains cannot force a franchisee to give up their right to seek treble damages at the outset of the agreement. However, if a dispute arises later, and the franchisee agrees to waive those damages as part of a settlement, that waiver may be enforceable if the franchisee has their own lawyer advising them.