What happens if a provision of the Fly To Fit release agreement is held invalid?

Based on the 2024 Fly To Fit Franchise Disclosure Document, the Washington Addendum addresses the scenario where provisions of a release or waiver of rights executed by a franchisee are deemed invalid. Specifically, provisions that unreasonably restrict or limit the statute of limitations period for claims, rights, or remedies under the Washington Franchise Investment Protection Act may not be enforceable. This includes rights such as the right to a jury trial.

For a prospective Fly To Fit franchisee in Washington, this means that any release or waiver they sign should be carefully reviewed to ensure it does not unduly limit their rights under Washington law. The addendum emphasizes that a release or waiver is only valid if it's part of a negotiated settlement after the franchise agreement is in effect and if both parties are represented by independent counsel. This protects the franchisee from unknowingly giving up important legal rights.

This type of protection is not uncommon in franchise agreements, as many states have franchise investment protection laws designed to safeguard franchisees from overreaching franchisors. The Washington addendum ensures that Fly To Fit franchisees in that state retain their statutory rights and remedies, even if they sign a release or waiver. Franchisees should always consult with an attorney to fully understand their rights and obligations under any franchise agreement and related documents.