In Washington, can a Degree Wellness franchisee waive rights under the Washington Franchise Investment Protection Act?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights executed by Franchise Owner 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 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, a franchisee in Washington cannot waive their rights under the Washington Franchise Investment Protection Act. There is an exception to this rule, which is that a franchisee can waive their rights if the waiver is executed pursuant to a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent legal counsel.
This protection ensures that Degree Wellness franchisees in Washington retain their statutory rights and remedies under the Act unless specific conditions are met during a settlement. These protections include rights to a jury trial and the statute of limitations period for claims. Provisions in the franchise agreement that unreasonably restrict or limit these rights may not be enforceable.
This information is included in an addendum to the FDD specifically for Washington, highlighting the importance of adhering to Washington state law. This addendum also states that the Washington Franchise Investment Protection Act and court decisions may supersede the franchise agreement, especially regarding termination and renewal. Additionally, any arbitration or mediation must occur in Washington unless otherwise agreed upon, and franchisees can bring legal action in Washington for violations of the Act.