factual

Under what circumstances can a Bonchon franchisee in Washington waive their rights under the Washington Franchise Protection Act?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

A release or waiver of rights executed by a Franchisee will not include rights under the Washington Franchise Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the Franchise Agreement is in effect and where the parties are represented by independent counsel.

Source: Item 23 — RECEIPTS (FDD pages 92–536)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, a franchisee in Washington can only waive their rights under the Washington Franchise Investment Protection Act under specific conditions. The waiver must be executed pursuant to a negotiated settlement after the franchise agreement is already in effect. Furthermore, both Bonchon and the franchisee must be represented by independent legal counsel during the negotiation and execution of the settlement.

This provision ensures that franchisees are not pressured into waiving their rights without understanding the implications. The requirement for independent counsel aims to level the playing field, providing franchisees with expert advice to make informed decisions during settlement negotiations. This is particularly important because the Washington Franchise Investment Protection Act is designed to protect franchisees from unfair practices by franchisors.

Without these protections, Bonchon franchisees could potentially be coerced into unfavorable agreements. The inclusion of these stipulations in the franchise agreement demonstrates Bonchon's adherence to Washington state law and its commitment to fair dealing within the bounds of the law. Prospective franchisees in Washington should carefully consider this provision and ensure they understand their rights under the Washington Franchise Investment Protection Act before entering into any agreements with Bonchon.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.