Does the requirement for independent counsel apply to all releases or waivers of rights for Bumper Man franchisees in Washington?
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 in Washington State requires independent legal counsel under specific circumstances. This requirement applies when the release or waiver seeks to excuse compliance with any provision of the Washington Franchise Investment Protection Act.
Specifically, the FDD states that such waivers are void unless they are part of a negotiated settlement reached after the franchise agreement is already in effect. Furthermore, both parties, Bumper Man and the franchisee, must be represented by independent legal counsel during these negotiations. This provision is in accordance with Washington state law (RCW 19.100.220(2)).
Additionally, any release or waiver connected to the renewal or transfer of a Bumper Man franchise in Washington is also void unless it adheres to the conditions outlined in RCW 19.100.220(2), which again emphasizes the need for a negotiated settlement and independent legal representation. This ensures that franchisees are not pressured into relinquishing their rights without proper legal advice and that any waivers are the result of fair negotiation.