When can a Beverly Anns Cookie franchisee waive their right to exemplary or punitive damages in Washington?
Beverly_Anns_Cookie 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 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, Washington state law RCW 19.100.190 allows franchisees to seek treble damages under certain conditions. Therefore, any clause in the franchise agreement that requires franchisees to waive exemplary, punitive, or similar damages is void in Washington.
However, there is an exception. A Beverly Anns Cookie franchisee in Washington can waive their right to exemplary, punitive, or similar damages if the waiver is part of a negotiated settlement. This settlement must occur after the franchise agreement is already in effect.
Furthermore, for the waiver to be valid, both Beverly Anns Cookie and the franchisee must be represented by independent legal counsel during the negotiation of the settlement, as mandated by RCW 19.100.220(2). This ensures that the franchisee's rights are protected and that the waiver is entered into knowingly and voluntarily.