When is a release or waiver void for a Fat Shack franchisee in Washington regarding renewal or transfer?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
THE PARTIES ACKNOWLEDGE THAT IN THE EVENT THAT THE TERMS OF THIS AGREEMENT REGARDING TERMINATION OR EXPIRATION ARE INCONSISTENT WITH APPLICABLE STATE OR FEDERAL LAW, SUCH LAW SHALL GOVERN FRANCHISEE'S RIGHTS REGARDING TERMINATION OR EXPIRATION OF THIS AGREEMENT. CERTAIN OF THESE LAWS ARE SET FORTH IN THE RIDERS TO FRANCHISE AGREEMENT FOR SPECIFIC STATES AND PROVINCES ATTACHED HERETO AS EXHIBIT VI.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
Based on the 2025 Fat Shack Franchise Disclosure Document, the enforceability of any release or waiver related to termination or expiration of the franchise agreement is subject to state and federal laws. Specifically, Section 19.10 states that if any terms in the agreement regarding termination or expiration are inconsistent with applicable state or federal law, those laws will take precedence in determining the franchisee's rights. Exhibit VI to the Franchise Agreement includes state-specific riders that may address this issue.
For a Fat Shack franchisee in Washington, this means that any release or waiver they sign concerning the termination, expiration, renewal, or transfer of their franchise could be deemed void if it conflicts with Washington state law. Franchisees need to be aware of their rights under Washington law, as these rights supersede the standard terms of the franchise agreement. This is a critical point for franchisees to consider, especially when negotiating the terms of a transfer or renewal, or when facing termination.
Prospective Fat Shack franchisees in Washington should consult with an attorney to understand their rights under Washington state law regarding franchise termination, renewal, and transfer. They should also carefully review Exhibit VI of the Franchise Agreement to identify any Washington-specific provisions that may affect the enforceability of releases or waivers. Understanding these protections is essential for making informed decisions about their franchise and protecting their investment.