Under what conditions are Cinnabon franchisees allowed to seek treble damages in Washington?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
Waiver of Exemplary & Punitive Damages.** RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances.
Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are void, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to the 2025 Cinnabon Franchise Disclosure Document, franchisees in Washington State have the right to seek treble damages under specific conditions, as permitted by RCW 19.100.190. This means that any provision in the franchise agreement that requires a franchisee to waive their right to exemplary, punitive, or similar damages is void.
However, there is an exception to this rule. A Cinnabon franchisee can waive their right to seek such damages if the waiver is part of a negotiated settlement reached after the franchise agreement is already in effect. In this situation, the franchisee must be represented by independent counsel, and the settlement must comply with RCW 19.100.220(2).
In practical terms, this addendum ensures that Cinnabon franchisees in Washington are not forced to give up their legal rights to seek additional damages in cases of misconduct or negligence by the franchisor, unless they agree to do so as part of a settlement reached with the advice of their own attorney.