In Washington, what condition must be met for a release or waiver of rights executed by a Bojangles franchisee to include rights under the Washington Franchise Investment Protection Act?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection 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.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a release or waiver of rights executed by a franchisee in Washington State may only include rights under the Washington Franchise Investment Protection Act if it meets specific conditions.
The waiver must be executed pursuant to a negotiated settlement. This means the agreement to waive rights must be part of a settlement reached through discussions and bargaining between Bojangles and the franchisee, rather than a standard, non-negotiable term.
Additionally, the settlement must occur after the franchise agreement is already in effect. This implies that the waiver cannot be a condition of entering into the franchise agreement itself. Both Bojangles and the franchisee must be represented by independent legal counsel during the negotiation and execution of the settlement. This ensures that the franchisee has professional advice and is not pressured into relinquishing their rights without understanding the implications. These stipulations are designed to protect franchisees from unknowingly or unfairly waiving their rights under Washington law.