What damages can Face Foundrie franchisees seek under RCW 19.100.190?

According to Face Foundrie's 2025 Franchise Disclosure Document, RCW 19.100.190 allows franchisees in Washington to seek treble damages under certain conditions. This means that a Face Foundrie franchisee may be able to recover three times the amount of their actual damages if they prevail in a legal claim under this statute.

However, the FDD also states that 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: such waivers are allowed if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both Face Foundrie and the franchisee are represented by independent legal counsel, in accordance with RCW 19.100.220(2).

In practical terms, this means that Face Foundrie cannot force a franchisee to give up their right to seek treble damages at the outset of the franchise relationship. However, if a dispute arises later, and the parties reach a settlement agreement with the help of their respective attorneys, the franchisee can agree to waive these damages as part of that settlement. This provision aims to protect franchisees from being forced into unfair agreements while still allowing for flexibility in resolving disputes through negotiation.