What is the relevance of RCW 19.100.220(2) to the Big Air Trampoline Park franchise agreement?
Big_Air_Trampoline_Park 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 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, RCW 19.100.220(2) relates to the waiver of exemplary and punitive damages within the franchise agreement. Specifically, provisions requiring franchisees to waive such damages are void, unless the waiver is part of a negotiated settlement reached after the franchise agreement is already in effect. Furthermore, both parties must be represented by independent counsel during these negotiations for the waiver to be valid under Washington law.
This means that Big Air Trampoline Park franchisees in Washington State retain the right to seek treble damages under RCW 19.100.190 in certain situations, despite any initial agreement suggesting otherwise. The only exception is if a settlement is reached later with independent legal representation for both the franchisee and franchisor.
This provision protects franchisees by ensuring they do not unknowingly or unfairly relinquish their rights to seek punitive damages. It promotes a fairer balance of power, especially in dispute resolution scenarios where franchisees might otherwise feel pressured to accept unfavorable terms. Prospective franchisees should understand this protection as a benefit when considering a Big Air Trampoline Park franchise in Washington.