Can a Bumper Man franchisee waive compliance with the Washington Franchise Investment Protection Act?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- General Release.
A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
-
- Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection 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 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, a franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is limited. A general release or waiver of rights in the franchise agreement that attempts to waive compliance with any provision under the Washington Franchise Investment Protection Act is void.
However, there is an exception: such a waiver is permissible if it is executed pursuant to a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent counsel, in accordance with RCW 19.100.220(2). Furthermore, any release or waiver connected to a franchise renewal or transfer is also void unless it meets the conditions specified in RCW 19.100.220(2).
Additionally, the Bumper Man FDD states that provisions in the franchise agreement that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable. This ensures that franchisees retain their legal rights and protections under Washington law.