Under what circumstances can Dryject franchisees seek treble damages?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Waiver of Exemplary & Punitive Damages. RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances.
Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are 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).
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, franchisees in Washington may be able to seek treble damages under certain conditions, as permitted by RCW 19.100.190. However, any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void. There is an exception to this rule: a waiver is allowed if it is part of a negotiated settlement, agreed to after the franchise agreement is already in effect, and both parties are represented by independent legal counsel, in accordance with RCW 19.100.220(2).
This means that Dryject cannot include a clause in the initial franchise agreement that forces a franchisee to give up their right to seek treble damages. The franchisee retains this right unless they later agree to waive it under very specific conditions (negotiated settlement with independent counsel).
This protection is particularly relevant in Washington, where franchise laws aim to balance the power between franchisors and franchisees. Prospective Dryject franchisees in Washington should be aware of this right and consult with an attorney to fully understand their legal options and protections under state law. This ensures that they can make informed decisions and protect their interests throughout the franchise relationship.