What is the exception to the rule that a release or waiver of rights is void for a Chicken Guy franchise in Washington?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provision contained in the Development Agreement or elsewhere that conflicts with these limitations is void and unenforceable in Washington.
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- Nonsolicitation Agreements. RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the Development Agreement or elsewhere are void and unenforceable in Washington.
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- Questionnaires and Acknowledgments. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- Prohibitions on Communicating with Regulators. Any provision in the Development Agreement or related agreements that prohibits the franchisee from communicating with or complaining to regulators is inconsistent with the express instructions in the Franchise Disclosure Document and is unlawful under RCW 19.100.180(2)(h).
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- Advisory Regarding Franchise Brokers. Under the Washington Franchise Investment Protection Act, a "franchise broker" is defined as a person that engages in the business of the offer or sale of franchises. A franchise broker represents the franchisor and is paid a fee for referring prospects to the franchisor and/or selling the franchise. If a franchisee is working with a franchise broker, franchisees are advised to carefully evaluate any information provided by the franchise broker about a franchise.
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- Surety Bond. The following language
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)
What This Means (2025 FDD)
According to the 2025 Chicken Guy Franchise Disclosure Document, any provisions in the Development Agreement or elsewhere that require a release or waiver of rights are generally void and unenforceable in Washington. However, this rule is expressly modified by the addendum, meaning that the addendum itself may contain enforceable waivers or releases.
This means that while Chicken Guy cannot include waivers in the standard franchise agreement that would violate Washington law, the specific terms outlined in the Washington addendum to the agreement are still valid and binding. A prospective franchisee in Washington should carefully review the addendum to understand what specific rights they may be waiving.
It is important for potential Chicken Guy franchisees in Washington to consult with a legal professional to fully understand their rights and obligations under both the standard franchise agreement and the Washington-specific addendum. This will ensure they are aware of any waivers or releases they are agreeing to and the implications of those waivers under Washington law.