For Clear Pest Pros franchisees in Washington, what RCW section applies to releases or waivers?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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- General Release.
A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is 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).
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).
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, for franchisees operating in Washington, the enforceability of releases or waivers within the franchise agreement is governed by specific provisions of the Revised Code of Washington (RCW). Specifically, any release or waiver that requires a franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act is considered void.
However, there's an exception: such a release or waiver is valid if it's executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent legal counsel, and the agreement must comply with RCW 19.100.220(2). This statute ensures that franchisees are not pressured into unknowingly relinquishing their rights under the Washington Franchise Investment Protection Act unless they have the benefit of legal advice during settlement negotiations.
Furthermore, any release or waiver connected to the renewal or transfer of a Clear Pest Pros franchise is also void unless it adheres to the conditions outlined in RCW 19.100.220(2). This provision aims to protect franchisees from being coerced into waiving their rights during critical junctures like renewing their franchise term or transferring ownership. Therefore, prospective Clear Pest Pros franchisees in Washington should pay close attention to these stipulations regarding releases and waivers to ensure their rights are protected under state law.