Are there any limitations on waiving the right to a jury trial for a Chicken Guy franchisee in Washington?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
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- Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
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- Transfer Fees. Transfer fees are collectable only to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
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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, there are limitations on waiving the right to a jury trial for franchisees in Washington. Specifically, provisions in the franchise agreement or related agreements that unreasonably restrict or limit rights or remedies under the Washington Franchise Investment Protection Act, such as the right to a jury trial, may not be enforceable. This protection is explicitly stated within the context of the Development Agreement as well, ensuring that the same limitations apply to developers in Washington.
This means that while Chicken Guy's standard franchise agreement may include a clause where franchisees waive their right to a jury trial, this waiver may not be fully enforceable in Washington if it's deemed to unreasonably restrict the franchisee's rights under the state's franchise laws. This is a significant protection for franchisees, as it ensures they retain the ability to seek a jury trial if they believe their rights have been violated under the Washington Franchise Investment Protection Act.
Prospective Chicken Guy franchisees in Washington should be aware of this provision and understand that their ability to pursue a jury trial may be protected despite any waiver clauses in the franchise agreement. It is advisable to consult with an attorney to fully understand their rights and the circumstances under which a jury trial waiver might be deemed unenforceable. This ensures that franchisees can make informed decisions and protect their interests throughout the franchise relationship.