Under what conditions is a release or waiver of rights valid for a Bumper Man franchise 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 Bumper Man's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents that requires a franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act, or any rules or orders related to it, is generally void.
However, there is an exception: such a release or waiver is valid if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. To be valid, both parties must be represented by independent legal counsel during these negotiations, in accordance with Washington 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 specified in RCW 19.100.220(2). This means that for a release or waiver to be valid during a renewal or transfer, it must be part of a negotiated settlement, agreed upon after the original agreement took effect, and both Bumper Man and the franchisee must have independent legal representation.