When is a release or waiver of rights valid for 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 or related documents is generally void in Washington, as it would waive compliance with the Washington Franchise Investment Protection Act. However, there is an exception. Such a release or waiver is valid if it is executed as part of a negotiated settlement after the franchise agreement is already in effect.
For a Body20 franchisee in Washington, this means that any initial agreement to waive rights under the Washington Franchise Investment Protection Act is not enforceable. This protection ensures that franchisees cannot be forced to unknowingly give up their legal rights at the outset of the franchise relationship.
The exception allows for waivers in the context of a settlement, but only when it's negotiated after the agreement is in place and both parties have independent legal representation. This ensures that any waiver is made knowingly and voluntarily, with the benefit of legal advice. Furthermore, any release or waiver executed during a renewal or transfer of the franchise is also void unless it meets the same conditions as required by RCW 19.100.220(2).