Are there any restrictions on limiting rights or remedies under the Washington Franchise Investment Protection Act, such as the right to a jury trial, for Deka Lash franchisees?
Deka_Lash 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 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, there are restrictions regarding the waiver of rights under the Washington Franchise Investment Protection Act. Specifically, a release or waiver of rights executed by a Deka Lash franchisee cannot include rights under this Act, or any rule or order related to it. An exception exists only if the waiver is part of a negotiated settlement agreed upon after the franchise agreement is already in effect, and both parties are represented by independent legal counsel.
Furthermore, the Deka Lash FDD states that any provisions that unreasonably restrict or limit the statute of limitations for claims under the Washington Franchise Investment Protection Act are not enforceable. Similarly, any restrictions on rights or remedies provided by the Act, such as the right to a jury trial, may also be deemed unenforceable.
For a prospective Deka Lash franchisee in Washington, this means that certain clauses in the franchise agreement that might seem to limit their legal rights could be invalid under Washington law. This protection ensures that franchisees retain their rights and remedies under the Washington Franchise Investment Protection Act, unless they knowingly and voluntarily waive those rights under specific circumstances with legal representation. This addendum aims to protect franchisees from unknowingly signing away their rights under the Washington Franchise Investment Protection Act.