Are there any circumstances where a Bumper Man franchisee can waive compliance with the Washington Franchise Investment Protection Act?
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).
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- 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 Bumper Man's 2025 Franchise Disclosure Document, a franchisee in Washington can only waive compliance with the Washington Franchise Investment Protection Act under very specific conditions. A release or waiver of rights is only valid if it's part of a negotiated settlement reached after the franchise agreement is already in effect. Furthermore, both Bumper Man and the franchisee must be represented by independent legal counsel during these negotiations. This is in accordance with RCW 19.100.220(2). Waivers connected to a renewal or transfer of a franchise are also subject to these same conditions.
This means that Bumper Man franchisees cannot sign away their rights under the Washington Franchise Investment Protection Act at the start of their franchise agreement. The law aims to protect franchisees from unknowingly giving up important legal protections. The requirement for independent legal representation ensures that franchisees receive proper advice and understand the implications of any waiver they might agree to.
Moreover, the Bumper Man FDD states that any provisions in the franchise agreement that unreasonably restrict the statute of limitations for claims or rights to remedies, including the right to a jury trial, under the Washington Franchise Investment Protection Act may not be enforceable. This reinforces the protective nature of the state law, ensuring franchisees retain their legal recourse options. Franchisees should consult with an attorney to fully understand their rights and obligations under Washington law.