When is a release or waiver void for a Best Brains franchise agreement in Washington?
Best_Brains 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 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).
-
- Questionnaires and Acknowledgments.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, a release or waiver of rights in the franchise agreement or related agreements that requires a franchisee in Washington to waive compliance with any provision under the Washington Franchise Investment Protection Act, or any rules or orders under it, is void. However, there is an exception: such a waiver is allowed if it is executed as part of a negotiated settlement after the franchise agreement is already in effect, and both parties are represented by independent legal counsel.
This provision is part of the Washington Addendum to the Best Brains Franchise Agreement, which modifies the standard agreement for franchisees in Washington. This addendum applies if the offer to sell a Best Brains franchise is accepted in Washington, if the purchaser of the franchise is a resident of Washington, or if the franchised business is to be located or operated, wholly or partly, in Washington.
Additionally, any statement, questionnaire, or acknowledgment signed by a Best Brains franchisee in connection with starting the franchise relationship cannot waive claims under Washington franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by Best Brains or its representatives. This specific provision takes precedence over any conflicting terms in any document related to the franchise.