When is a release or waiver of rights valid for a Face Foundrie franchisee in Washington?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
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 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION OF THE FRANCHISE RELATIONSHIP (FDD pages 51–59)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents is generally void in Washington, as it would waive compliance with the Washington Franchise Investment Protection Act. However, there are specific conditions under which such a release or waiver can be considered valid.
Specifically, a release or waiver is valid only if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. Additionally, for the waiver to be valid, both parties (Face Foundrie and the franchisee) must be represented by independent legal counsel during the negotiation and execution of the settlement. This requirement ensures that the franchisee's rights are protected and that they are making an informed decision with the advice of their own attorney.
Furthermore, any release or waiver executed in connection with the renewal or transfer of a Face Foundrie franchise is also void unless it meets the same conditions: it must be part of a negotiated settlement, and both parties must be represented by independent counsel, in accordance with RCW 19.100.220(2). This provision aims to prevent Face Foundrie from taking advantage of the franchisee during critical junctures like renewal or transfer, where the franchisee might feel pressured to concede rights to ensure the continuation or sale of their business.