What is the impact of RCW 19.100.190 on provisions requiring Carvel franchisees to waive exemplary, punitive, or similar damages?

According to Carvel's 2025 Franchise Disclosure Document, RCW 19.100.190 has a specific impact on franchise agreements within Washington state. This law allows franchisees to seek treble damages under certain conditions. Consequently, any part of the Carvel franchise agreement that forces a franchisee to waive their right to claim exemplary, punitive, or similar damages is legally void.

However, there's a notable exception to this rule. If a waiver of these damages is part of a negotiated settlement reached after the franchise agreement is already in effect, and both Carvel and the franchisee are represented by independent legal counsel, the waiver can be valid. This exception aligns with RCW 19.100.220(2), which provides a framework for such negotiated settlements.

In practical terms, this means that a prospective Carvel franchisee in Washington cannot be compelled to give up their right to pursue punitive damages from the outset of the agreement. This protection ensures that franchisees have recourse in cases of significant harm caused by Carvel's actions. However, franchisees should be aware that they can voluntarily waive these rights later on if they enter into a settlement with Carvel, provided they have their own lawyer advising them.