What is the significance of RCW 19.100.220(2) regarding releases and waivers for Dryject franchisees?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- General Release. A release or waiver of rights in the franchise agreement or related agreements purporting to bind the franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act or any rules or orders thereunder is void except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2). In addition, any such release or waiver executed in connection with a renewal or transfer of a franchise is likewise void except as provided for in RCW 19.100.220(2).
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, RCW 19.100.220(2) of the Washington Franchise Investment Protection Act addresses the validity of releases or waivers of rights within the franchise agreement. This statute provides specific conditions under which a Dryject franchisee's waiver of rights is considered valid.
Specifically, any release or waiver purporting to waive compliance with any provision under the Washington Franchise Investment Protection Act is void unless it meets certain criteria. To be valid, the release must be executed pursuant to a negotiated settlement after the franchise agreement is already in effect. Additionally, both Dryject and the franchisee must be represented by independent legal counsel during the negotiation and execution of the settlement.
Furthermore, any release or waiver executed in connection with the renewal or transfer of a Dryject franchise is also void unless it adheres to the conditions outlined in RCW 19.100.220(2). This means that Dryject franchisees in Washington cannot be compelled to sign away their rights under the Washington Franchise Investment Protection Act as a condition of entering into, renewing, or transferring their franchise, unless the strict requirements of a post-agreement negotiated settlement with independent counsel are met. This provision aims to protect franchisees from unknowingly or unfairly relinquishing their legal rights.