When is a release or waiver void for a Caring Transitions franchise agreement in Washington?
Caring_Transitions 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 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents is generally void in Washington under certain circumstances. Specifically, if the release or waiver attempts to waive compliance with any provision of the Washington Franchise Investment Protection Act, or any related rules or orders, it is considered void.
However, there is an exception: such a release or waiver is permissible if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent legal counsel, and the agreement must align with the requirements of RCW 19.100.220(2), the relevant section of the Revised Code of Washington.
Furthermore, any release or waiver connected to the renewal or transfer of a Caring Transitions franchise is also void unless it meets the conditions specified in RCW 19.100.220(2). This means that franchisees in Washington have significant protection against unknowingly or unfairly relinquishing their rights under the state's franchise laws, unless specific conditions are met during a settlement, renewal, or transfer, ensuring they have proper legal representation and the agreement is genuinely negotiated.