What damages can Fat Shack franchisees seek under RCW 19.100.190 in Washington?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR WASHINGTON FRANCHISEES ONLY:
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act, RCW 19.100, 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.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, a release or waiver of rights executed by a franchisee in Washington may not include rights under the Washington Franchise Investment Protection Act, RCW 19.100. This means that Fat Shack franchisees in Washington cannot waive their rights to sue for damages under this Act, except under specific circumstances.
The exception is when the release is executed pursuant to a negotiated settlement after the franchise agreement is already in effect. Additionally, both parties must be represented by independent counsel during these negotiations. This provision aims to protect franchisees from unknowingly or unfairly relinquishing their legal rights during the initial agreement.
In practical terms, this ensures that Fat Shack franchisees in Washington retain the ability to seek legal remedies for violations of the Washington Franchise Investment Protection Act. However, it is important for prospective franchisees to consult with an attorney to fully understand their rights and the implications of this law.