Can a Fat Shack franchisee waive compliance with the Washington Franchise Investment Protection Act?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
stment Protection Act, in Washington.
-
- 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).
-
- Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
-
- Transfer Fees.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, a franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is strictly limited. Any release or waiver of rights in the franchise agreement or related documents that attempts to bind the franchisee to waive compliance with any provision under this Act, or any rules or orders related to it, is considered void.
However, there is a specific exception: such a waiver is permissible if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, the waiver is only valid if both parties are represented by independent legal counsel. This ensures that the franchisee's rights are protected and that any waiver is made knowingly and voluntarily during a dispute resolution process.
Furthermore, any release or waiver executed in connection with a renewal or transfer of a Fat Shack franchise is also void, except under the same conditions as above, as provided for in RCW 19.100.220(2). This provision aims to protect franchisees from unknowingly or unfairly relinquishing their rights under the Washington Franchise Investment Protection Act, ensuring that waivers are only enforceable when made with proper legal representation and in the context of resolving existing disputes.