What is the relevance of RCW 19.100.190 to the Big Air Trampoline Park franchise agreement?

According to the 2025 FDD, RCW 19.100.190 is relevant to the Big Air Trampoline Park franchise agreement because it pertains to a franchisee's right to seek treble damages under specific conditions. The FDD states that any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are considered void.

However, there is an exception to this rule. Such waivers are permissible if they are executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent legal counsel, as stipulated by RCW 19.100.220(2).

This means that as a Big Air Trampoline Park franchisee in Washington, you cannot be forced to waive your right to seek treble damages upfront in the franchise agreement. You retain the right to pursue such damages if circumstances warrant it. However, you can agree to waive these damages later on if you are in a dispute with Big Air Trampoline Park and reach a settlement with the assistance of your own attorney.

This provision protects franchisees from being compelled to give up important legal rights at the outset of the franchise relationship. It ensures that any waiver of the right to seek treble damages is made knowingly and voluntarily, with the benefit of legal advice, in the context of an actual dispute resolution.