When is a release or waiver void for a Bumper Man franchise in Washington?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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).
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents is generally void in Washington state if it requires the franchisee to waive compliance with any provision of the Washington Franchise Investment Protection Act, including its rules and orders. However, there are exceptions to this rule.
Specifically, such a release or waiver is permissible and not considered void if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties, Bumper Man and the franchisee, must be represented by independent legal counsel. This exception is in accordance with Washington state law RCW 19.100.220(2).
Furthermore, any release or waiver connected to the renewal or transfer of a Bumper Man franchise is also void unless it meets the same conditions outlined in RCW 19.100.220(2). This means that for a release or waiver related to a renewal or transfer to be valid, it must be part of a negotiated settlement, agreed upon after the original agreement is in effect, and both Bumper Man and the franchisee must have independent legal representation.