Under what circumstances is a release or waiver of rights valid for a Chesters franchise agreement?

According to Chesters's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents, which aims to prevent a franchisee from complying with any provision under the Washington Franchise Investment Protection Act, is generally void. However, there is an exception to this rule.

Such a release or waiver is considered valid only if it is executed as part of a negotiated settlement. This settlement must occur after the franchise agreement has already taken effect. Furthermore, for the release or waiver to be valid, both parties, the franchisor and the franchisee, must be represented by independent legal counsel during the negotiation and execution of the settlement, in accordance with RCW 19.100.220(2).

Additionally, Chesters specifies that any release or waiver executed in connection with a renewal or transfer of a franchise is also void unless it meets the same conditions outlined in RCW 19.100.220(2), requiring a negotiated settlement after the agreement is in effect and representation by independent counsel. This ensures that franchisees are protected from unknowingly or unfairly relinquishing their rights under the Washington Franchise Investment Protection Act during the course of their franchise relationship with Chesters.