Under what circumstances is a release or waiver of rights in the Body20 franchise agreement void 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 if it requires the franchisee to waive compliance with any provision of the Washington Franchise Investment Protection Act.
However, there are two exceptions to this rule. Such a release or waiver is permissible and not void if it is executed pursuant to a negotiated settlement after the franchise agreement is already in effect, and both parties are represented by independent legal counsel. This allows for flexibility in resolving disputes that may arise during the franchise term through mutual agreement.
Additionally, any release or waiver executed in connection with a renewal or transfer of a Body20 franchise is also void, except under the same conditions as above: a negotiated settlement after the agreement is in effect, with both parties represented by independent counsel, in accordance with RCW 19.100.220(2). This ensures that franchisees are not pressured into waiving their rights during critical junctures like renewal or transfer, unless they have the benefit of legal advice and are part of a genuine settlement.