What effect does a statement, questionnaire, or acknowledgment signed by a Buns On Fire franchisee in Washington have on waiving claims under state franchise law?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
**SMYA VENTURES LLC
WASHINGTON ADDENDUM TO FRANCHISE AGREEMENT, DISCLOSURE ACKNOWLEDGEMENT STATEMENT, AND RELATED AGREEMENTS**
Notwithstanding anything to the contrary set forth in the Franchise Agreement, Disclosure Acknowledgement Statement and Related Agreements, the following provisions will supersede and apply:
A release or waiver of rights executed by a Franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the Franchise Agreement is in effect and where the parties are represented by independent counsel.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act as such as a right to a jury trial, may not be enforceable.
RCW 19.100.180 which may supersede the Franchise Agreement in your relationship with the Franchisor including the areas of termination and renewal of your franchise.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, a Washington addendum addresses the effect of signed documents on waiving rights under the Washington Franchise Investment Protection Act. A release or waiver of rights executed by a Buns On Fire franchisee in Washington cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement, agreed to after the franchise agreement is in effect, and both parties are represented by independent counsel.
This means that Buns On Fire cannot include clauses in their standard franchise agreement that force a franchisee to waive their rights under Washington's franchise law. This protection ensures that franchisees are not pressured into giving up their legal rights at the beginning of the franchise relationship.
Additionally, the addendum states that provisions that unreasonably restrict or limit the statute of limitations for claims, or rights or remedies under the Act, such as the right to a jury trial, may not be enforceable. This further protects the franchisee from unfair or overly restrictive terms in the franchise agreement. RCW 19.100.180 may supersede the Franchise Agreement in the franchisee's relationship with Buns On Fire, especially concerning termination and renewal.