Under what circumstances can a Chesters franchisee seek treble damages?

According to Chesters's 2025 Franchise Disclosure Document, a franchisee may be able to seek treble damages under certain circumstances, as permitted by RCW 19.100.190. However, any provisions in the franchise agreement that require the franchisee to waive exemplary, punitive, or similar damages are considered void. An exception exists if the waiver is part of a negotiated settlement, agreed to after the franchise agreement is already in effect, and both parties are represented by independent legal counsel, in accordance with RCW 19.100.220(2).

This means that Chesters franchisees are not automatically prevented from seeking treble damages. The ability to pursue such damages is protected under Washington state law (RCW 19.100.190), and any attempt by Chesters to force a blanket waiver of these rights in the franchise agreement is unenforceable.

However, this protection has a specific exception. If a dispute arises after the franchise agreement is signed, and the franchisee, with the assistance of their own lawyer, agrees to a settlement that includes waiving the right to exemplary or punitive damages, that waiver will be valid. This exception acknowledges that parties can resolve disputes through negotiation, even if it means giving up certain legal claims. Therefore, a Chesters franchisee should seek independent legal counsel to fully understand their rights and options before signing any agreement that involves waiving potential damage claims.