Is there additional language required for Deer Solution franchisees in Washington state regarding this release?
Deer_Solution 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 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, there are specific stipulations regarding releases and waivers of rights for franchisees in Washington state. A release or waiver of rights executed by a Deer Solution franchisee in Washington may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder. An exception exists if the release is executed pursuant to a negotiated settlement after the franchise agreement is in effect, and both parties are represented by independent counsel.
Additionally, the Deer Solution FDD states that provisions that 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. This means that the standard franchise agreement terms may be superseded by Washington state law to protect the franchisee's rights.
These stipulations ensure that Deer Solution franchisees in Washington state retain their rights and protections under the Washington Franchise Investment Protection Act, preventing them from unknowingly waiving these rights through standard release agreements. Prospective franchisees should consult with legal counsel to fully understand their rights and obligations under Washington law.