What damages are Bumper Man franchisees permitted to seek under RCW 19.100.190 in Washington?

According to the 2025 Bumper Man FDD, franchisees in Washington, under RCW 19.100.190, may be able to seek treble damages in certain circumstances. However, any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void. There is an exception to this rule, which is when the waiver is part of a negotiated settlement after the franchise agreement is already in effect, and both Bumper Man and the franchisee are represented by independent legal counsel, as per RCW 19.100.220(2).

This means that Bumper Man cannot include clauses in its standard franchise agreement that force franchisees to give up their right to seek these specific damages. This protection is in place to ensure that franchisees have legal recourse if Bumper Man violates the franchise agreement or engages in misconduct.

However, it's important to note that this protection isn't absolute. If a franchisee and Bumper Man reach a settlement agreement after a dispute arises, and both parties have lawyers, the franchisee can agree to waive their right to exemplary or punitive damages as part of that settlement. This allows for flexibility in resolving disputes, but it also means that franchisees need to be careful when negotiating settlements to ensure they are not giving up valuable rights without proper compensation.

Prospective Bumper Man franchisees in Washington should be aware of these provisions and consult with an attorney to fully understand their rights and obligations under the franchise agreement and Washington law.