What effect do statements or acknowledgments signed by a Crave Cookies franchisee in Washington have on waiving claims under state franchise law?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, specific protections are in place for franchisees in Washington state regarding waivers of claims under franchise law. Any statement, questionnaire, or acknowledgment signed by a Crave Cookies franchisee in connection with starting their franchise cannot waive claims under any applicable state franchise law. This includes claims related to fraud in the inducement, meaning a franchisee cannot disclaim reliance on statements made by Crave Cookies or anyone acting on their behalf. This provision takes precedence over any conflicting terms in any document signed in connection with the franchise agreement.
This protection ensures that Crave Cookies franchisees in Washington retain their rights under the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, regardless of any agreements they may sign at the outset of the franchise relationship. The FDD also notes that RCW 19.100.180 may supersede the franchise agreement in areas such as termination and renewal, and court decisions may also have a similar effect. This means that certain standard clauses in the franchise agreement might not be enforceable in Washington if they conflict with state law.
Furthermore, a general release signed by a franchisee does not apply to claims arising under the Washington Franchise Investment Protection Act (RCW 19.100) and its associated rules. Any release or waiver of rights is only valid if executed as part of a negotiated settlement after the franchise agreement is already in effect, and only if both parties are represented by independent legal counsel. Provisions that unreasonably restrict the statute of limitations for claims or limit rights and remedies under the Act, such as the right to a jury trial, may not be enforceable. This ensures that franchisees retain their legal rights and protections under Washington law, even after signing agreements or acknowledgments.