In Washington, what is the effect of a release or waiver of rights that attempts to bind the Dryject franchisee to waive compliance with any provision under the Washington Franchise Investment Protection Act?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a release or waiver of rights within the franchise agreement or related documents that aims to prevent a franchisee from complying with any aspect of the Washington Franchise Investment Protection Act is generally void. This means that Dryject franchisees in Washington cannot be forced to give up their rights under this Act through standard agreement clauses.
However, there is an exception to this rule. Such a release or waiver is permissible if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, the franchisee must be represented by independent legal counsel. This ensures that the franchisee has proper guidance and is making an informed decision to waive their rights.
Additionally, any release or waiver connected to the renewal or transfer of a Dryject franchise is also void unless it meets the same conditions: it must be part of a negotiated settlement, occur after the agreement is in effect, and involve the franchisee being represented by independent counsel, as per RCW 19.100.220(2). This provision aims to protect franchisees from being pressured into waiving their rights during critical junctures like renewal or transfer, ensuring fairness and informed consent.