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In Washington, can a franchisee waive compliance with any provision under the Washington Franchise Investment Protection Act in the Dryject franchise agreement?

Dryject Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. 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 the 2025 Dryject Franchise Disclosure Document, a franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is restricted. Specifically, any release or waiver in the franchise agreement that attempts to waive compliance with any provision under the Act is considered void.

However, there is an exception: such a 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 counsel. This exception is in accordance with RCW 19.100.220(2), the relevant section of the Revised Code of Washington.

Furthermore, any release or waiver connected with 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 representation by independent counsel, as stipulated in RCW 19.100.220(2). This ensures that franchisees are protected from unknowingly or unfairly relinquishing their rights under the Washington Franchise Investment Protection Act, especially during the initial agreement or during renewal or transfer situations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.