In Washington, can a Dq Treat franchisee waive rights under the Washington Franchise Investment Protection Act?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights executed by a licensee 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.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, a franchisee in Washington cannot waive their rights under the Washington Franchise Investment Protection Act (WFIPA) unless specific conditions are met.
The FDD stipulates that a release or waiver of rights executed by a licensee cannot include rights under the WFIPA or any rule or order thereunder. There is an exception to this rule: 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 addition, for the waiver to be valid, both parties must be represented by independent counsel.
This provision protects Dq Treat franchisees in Washington by ensuring they do not unknowingly or unfairly relinquish their legal rights under the WFIPA at the commencement of the franchise relationship. It allows for waivers only under specific circumstances where the franchisee has the benefit of legal advice and the waiver is part of a settlement reached after the franchise is operational.