Does the Degree Wellness Washington Addendum allow for provisions that unreasonably restrict or limit rights or remedies under the Washington Franchise Investment Protection Act such as a right to a jury trial?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
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 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, the Washington Addendum addresses the enforceability of provisions that limit rights or remedies under the Washington Franchise Investment Protection Act, including the right to a jury trial. Specifically, the addendum 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 suggests that while such provisions might exist in the franchise agreement, their enforceability is questionable under Washington law.
This addendum serves as a protection for Degree Wellness franchisees in Washington, ensuring that they are not unduly restricted from pursuing legal remedies available under the Washington Franchise Investment Protection Act. It clarifies that franchisees cannot waive their rights under the Act, except under specific circumstances such as a negotiated settlement with independent legal representation. This is a crucial safeguard, as franchise agreements often contain clauses that could potentially limit a franchisee's legal recourse.
The inclusion of this addendum indicates Degree Wellness's awareness of and compliance with Washington state franchise laws. It reflects a commitment to ensuring that the franchise agreement does not infringe upon the rights granted to franchisees under state law. Prospective franchisees in Washington should carefully review this addendum and understand their rights and protections under the Washington Franchise Investment Protection Act. They should also seek legal counsel to fully understand the implications of the franchise agreement and the addendum.