Does the general release in the Engel & Volkers agreement apply to liabilities under the Washington Franchise Investment Protection Act?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
ectively referred to as "Claims"). This Release includes, but is not limited to, all Claims arising out of, concerning, pertaining to or connected with the Franchise Agr
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the general release provision within the franchise agreement does not apply to liabilities arising under the Washington Franchise Investment Protection Act. This means that franchisees in Washington retain their rights and protections under this Act, regardless of any general release they may sign as part of the franchise agreement.
This protection ensures that Engel & Volkers franchisees in Washington can pursue claims related to violations of the Washington Franchise Investment Protection Act, even if they have signed a general release. The FDD also states that a release or waiver of rights executed by a master Franchisee shall 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.
This provision is particularly important for prospective franchisees in Washington, as it safeguards their ability to seek legal recourse if they believe Engel & Volkers has violated the state's franchise laws. It is a specific carve-out that overrides the standard general release language, offering an additional layer of protection to franchisees operating in Washington. This ensures that franchisees are not unknowingly waiving their rights under the Washington Franchise Investment Protection Act.