What rights or remedies under the Washington Franchise Investment Protection Act may not be enforceable if unreasonably restricted for a Crave Cookies franchise?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, certain rights and remedies available to franchisees under the Washington Franchise Investment Protection Act cannot be waived or restricted unreasonably. Specifically, provisions that impose unreasonable restrictions or limitations on the statute of limitations for claims under the Act may not be enforceable.
Additionally, any attempts to limit or restrict rights or remedies provided by the Act, such as the right to a jury trial, may also be deemed unenforceable. This protection ensures that Crave Cookies franchisees in Washington retain their legal rights under the state's franchise laws.
It is important to note that a franchisee can only waive their rights under the Washington Franchise Investment Protection Act if the waiver is executed as part of a negotiated settlement after the franchise agreement is already in effect, and only if both Crave Cookies and the franchisee are represented by independent legal counsel during the negotiation. This provision aims to protect franchisees from unknowingly or unfairly relinquishing their rights during the initial franchising process.