What is the significance of RCW 19.100.220(2) regarding releases or waivers for Face Foundrie franchisees 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, RCW 19.100.220(2) of the Washington Franchise Investment Protection Act addresses the conditions under which a Face Foundrie franchisee can validly waive their rights under the Act. Specifically, any release or waiver included in the franchise agreement or related documents is considered void unless it meets certain criteria.
For a waiver to be valid, it must be executed as part of a negotiated settlement after the franchise agreement is already in effect. Furthermore, both Face Foundrie and the franchisee must be represented by independent legal counsel during these negotiations. This requirement ensures that the franchisee is fully aware of their rights and the implications of waiving them, and that they have received proper legal advice. The same conditions apply to releases or waivers executed in connection with a renewal or transfer of a Face Foundrie franchise.
This provision protects Face Foundrie franchisees in Washington from unknowingly or unfairly relinquishing their rights under the Washington Franchise Investment Protection Act. It ensures that any waiver is the result of informed consent and fair negotiation, providing an additional layer of security for the franchisee's investment and business operations. Prospective Face Foundrie franchisees in Washington should understand these protections and consult with independent counsel to ensure their rights are fully protected.