Under what conditions can a Deck Medic franchisee in Washington execute a release or waiver of rights?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 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 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, a franchisee in Washington can execute a release or waiver of rights under specific conditions. The release or waiver cannot include rights under the Washington Franchise Investment Protection Act or any rule or order associated with it.
However, there is an exception: a franchisee can waive these rights if the release or waiver is part of a negotiated settlement reached after the franchise agreement is already in effect. Furthermore, both parties, the Deck Medic franchisee and Deck Medic itself, must be represented by independent legal counsel during these negotiations.
Additionally, the amendment specifies that any provisions that unreasonably restrict or limit the statute of limitations for claims under the Washington Franchise Investment Protection Act, or that limit rights or remedies under the Act, such as the right to a jury trial, may not be enforceable. This ensures that franchisees retain certain fundamental legal protections even when entering into a release or waiver.