Are there any exceptions to the rule that a release or waiver is void for a Caring Transitions franchise in Washington?
Caring_Transitions 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).
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, a general release or waiver of rights within the franchise agreement is typically void in Washington, due to the Washington Franchise Investment Protection Act. However, there are specific exceptions to this rule.
An exception exists when the release or waiver is executed as part of a negotiated settlement, but only after the franchise agreement is already in effect. Additionally, both Caring Transitions and the franchisee must be represented by independent legal counsel during these negotiations. This exception is in accordance with RCW 19.100.220(2).
Furthermore, any release or waiver connected to the renewal or transfer of a Caring Transitions 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 occurring after the initial agreement, with both parties having independent legal representation.