Under what circumstances can a Bojangles franchisee in Washington bring legal action related to the sale of franchises or violations of the Washington Franchise Investment Protection Act?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
4. Franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Act, in Washington.
5. A release or waiver of rights executed by Franchisee may not include rights under the Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, a franchisee in Washington may initiate legal proceedings against Bojangles concerning the sale of franchises or any infringement upon the Washington Franchise Investment Protection Act. This right to bring action exists specifically within the state of Washington, meaning the legal action must be pursued in Washington courts. This provision ensures that franchisees operating in Washington have a local legal avenue to address grievances related to franchise sales practices or violations of the state's franchise laws.
This protection is further reinforced by the stipulation that any release or waiver of rights executed by the franchisee cannot include rights under the Washington Franchise Investment Protection Act, unless it is part of a negotiated settlement reached after the franchise agreement is already in effect and both parties are represented by independent legal counsel. This safeguard prevents Bojangles from compelling franchisees to unknowingly or unfairly relinquish their legal protections under state law. It ensures that any waiver of rights must be the result of informed negotiation and not a condition of the initial agreement.
Moreover, the FDD states that any provisions that unreasonably restrict or limit the statute of limitations for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable. This means that Bojangles cannot enforce terms that unduly hinder a franchisee's ability to pursue legal claims or seek appropriate remedies under the Washington Franchise Investment Protection Act. This clause aims to maintain a fair legal landscape for franchisees, ensuring they have adequate time and means to address potential violations.
In essence, these provisions collectively affirm the legal rights of Bojangles franchisees in Washington, providing them with recourse against unfair franchise sales practices or violations of state law, while also protecting them from unknowingly waiving their rights or facing unreasonable limitations on their ability to seek justice.