Must a release or waiver of rights for a Bumper Man franchise in Washington be executed pursuant to a negotiated settlement to be valid?
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 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents, which aims to obligate a franchisee to waive compliance with any provision of the Washington Franchise Investment Protection Act, is void unless specific conditions are met.
Specifically, such a release or waiver is only valid if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. Furthermore, for the waiver to be valid, both parties, the franchisee and Bumper Man, must be represented by independent legal counsel during the negotiation and execution of the settlement, in accordance with RCW 19.100.220(2).
Additionally, any release or waiver executed in connection with the renewal or transfer of a Bumper Man franchise is also void unless it adheres to the same conditions outlined in RCW 19.100.220(2). This means that even during a renewal or transfer, the franchisee cannot be compelled to waive rights under the Washington Franchise Investment Protection Act unless it's part of a negotiated settlement with independent counsel representing both sides.