When is a release or waiver of rights valid for a Black Bear Diner franchise in Washington?

According to the 2025 Black Bear Diner Franchise Disclosure Document, a franchisee must execute a general release of any and all claims against Black Bear Diner and any affiliate, and their respective officers, directors, and agents to acquire a successor franchise at the expiration of the initial term for an additional 10-year renewal term. This release is one of several conditions that must be fulfilled and remain true as of the last day of the initial term of the agreement.

Other conditions include substantially complying with all provisions of the agreement during the entire term and not being in default at the time of renewal. The franchisee must also have the right to remain in possession of the approved location for the renewal term and make necessary capital expenditures to remodel, modernize, and redecorate the franchised restaurant to reflect the then-current physical appearance and image for a new Black Bear Diner restaurant.

Additionally, the franchisee must provide notice to Black Bear Diner of their intent to renew not less than nine months nor more than twelve months prior to the end of the initial term. They must also execute and deliver Black Bear Diner's then-current form of franchise agreement and comply with Black Bear Diner's then-current training requirements for franchisees and their employees. Lastly, the franchisee must pay a renewal fee of $5,000 at the time of signing the then-current form of franchise agreement.

This indicates that the release of claims is specifically tied to the renewal of the franchise agreement and is required to be in place at the time of renewal. The FDD does not specify any other conditions or situations where a release or waiver of rights would be required or considered valid in Washington.