Under what specific conditions can a Bojangles developer execute a release or waiver of rights that includes rights under the Washington Franchise Investment Protection Act?

According to Bojangles's 2025 Franchise Disclosure Document, the provisions outlined in the additional disclosures are effective only if the jurisdictional requirements of the Washington Franchise Investment Protection Act are independently met, without relying on these additional disclosures. This means that for a Bojangles developer in Washington to execute a valid release or waiver of rights under the Act, the waiver must stand on its own merit, fulfilling all the legal requirements of the Act, irrespective of any clauses or conditions provided in the franchise agreement's additional disclosures.

In practical terms, Bojangles franchisees in Washington cannot depend on the standard additional disclosures in the franchise agreement to ensure the enforceability of a release or waiver. Instead, they must ensure that any release or waiver independently complies with all stipulations of the Washington Franchise Investment Protection Act. This could involve specific language requirements, acknowledgment of rights, or other provisions mandated by Washington law.

This condition protects the franchisee by ensuring that their rights under the Washington Franchise Investment Protection Act are not inadvertently or unknowingly waived through boilerplate language in the franchise agreement. It places the onus on both Bojangles and the franchisee to ensure full compliance with Washington law when executing any release or waiver. Franchisees should seek legal counsel to confirm that any release or waiver they sign meets these independent requirements.

This type of provision is relatively common in franchise agreements, particularly for states with strong franchise protection laws. It aims to balance the franchisor's need for standardized agreements with the franchisee's rights under state-specific regulations, ensuring that franchisees are not pressured into unknowingly relinquishing their legal protections.