Is independent counsel required for a valid release or waiver in a Body20 franchise agreement in Washington?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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).
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement in Washington is only valid under specific conditions. To be binding, the release or waiver must be part of a negotiated settlement reached after the franchise agreement is already in effect.
Specifically, the agreement must be executed according to RCW 19.100.220(2), which mandates that both parties are represented by independent legal counsel during the negotiation and execution of the release or waiver. This requirement ensures that the franchisee understands the implications of waiving their rights and is not being coerced into doing so.
Furthermore, any release or waiver connected to the renewal or transfer of a Body20 franchise is also void unless it adheres to the same conditions outlined in RCW 19.100.220(2), including the representation by independent counsel. This provision aims to protect franchisees from unknowingly relinquishing their rights during critical junctures of the franchise relationship, such as renewal or transfer.
In summary, if you are a Body20 franchisee in Washington, any release or waiver you sign as part of the initial franchise agreement, or during a renewal or transfer, is not valid unless you have your own independent attorney advising you and the agreement is part of a settlement reached after the initial agreement took effect.