What is the reference RCW section regarding releases or waivers for Body20 franchises in Washington?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
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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 — 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 that requires a franchisee to waive compliance with the Washington Franchise Investment Protection Act is void. An exception exists if the release is part of a negotiated settlement after the franchise agreement is already in effect, and both parties have independent legal representation. This is in accordance with RCW 19.100.220(2). This condition also applies to releases or waivers executed during a franchise renewal or transfer.
This means that Body20 franchisees in Washington cannot be forced to sign away their rights under the state's franchise law unless specific conditions are met, ensuring franchisees retain legal protections. The stipulation aims to prevent franchisors from using the franchise agreement to circumvent franchisee protections afforded by Washington law.
Furthermore, the FDD states that any provisions in the franchise agreement that require the franchisee 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).