Does the Washington Franchise Investment Protection Act allow a Bumper Man franchisee to waive compliance with its provisions under any circumstances?
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 Bumper Man franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is limited. Generally, any release or waiver in the franchise agreement that attempts to waive compliance with the Act is void.
However, there is an exception: a franchisee can execute a valid waiver if it's part of a negotiated settlement reached after the franchise agreement is already in effect. For this exception to apply, both parties must be represented by independent legal counsel, and the waiver must align with the requirements of RCW 19.100.220(2), the relevant section of the Washington Revised Code.
Furthermore, any waiver connected to the renewal or transfer of a Bumper Man franchise is also void unless it meets the conditions specified in RCW 19.100.220(2). This means that Bumper Man franchisees should be cautious about signing any documents that could be interpreted as a waiver of their rights under the Washington Franchise Investment Protection Act, especially at the beginning of their franchise agreement or during a renewal or transfer, unless they have independent legal representation and it is part of a documented settlement.