When is a release or waiver of rights considered void for a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, a release or waiver of rights within the franchise agreement or related documents is considered void in Washington under specific circumstances. This applies to agreements that attempt to waive compliance with any provision of the Washington Franchise Investment Protection Act, including its rules and orders.
Such a waiver is void unless it meets two specific conditions: it must be executed as part of a negotiated settlement after the franchise agreement is already in effect, and both parties (Bumper Man and the franchisee) must be represented by independent legal counsel during the negotiation and execution of the settlement. This protection extends to releases or waivers connected to the renewal or transfer of a Bumper Man franchise, ensuring franchisees are not pressured into surrendering their rights without proper legal advice and due process.
This provision aims to protect Bumper Man franchisees in Washington from unknowingly or unfairly relinquishing their rights under franchise law. By requiring independent legal representation and a post-agreement negotiation, the law ensures that any release or waiver is the result of informed consent and fair bargaining, rather than coercion or misunderstanding. Franchisees in Washington should be aware of this protection and seek independent counsel before signing any document that could be construed as a release or waiver of their rights under the Washington Franchise Investment Protection Act.