After entering into an Itan franchise agreement, is a franchisee precluded from settling claims?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act 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 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, a franchisee's ability to settle claims is addressed specifically for franchises purchased in Washington state. A release or waiver of rights executed by an Itan franchisee in Washington may not include rights under the Washington Franchise Investment Protection Act, unless it is part of a negotiated settlement agreed upon after the franchise agreement is in effect and both parties are represented by independent legal counsel. This provision ensures that franchisees are not pressured into waiving their rights without proper representation and understanding of the implications.
This means that Itan franchisees in Washington have some protection against unknowingly or unfairly relinquishing their rights under the state's franchise laws. The requirement for a negotiated settlement and independent counsel aims to ensure that any settlement is fair and informed. However, this protection is specifically tied to rights under the Washington Franchise Investment Protection Act.
For Itan franchisees outside of Washington, the FDD does not provide specific details regarding the ability to settle claims. Therefore, it is important for prospective franchisees to seek clarification from Itan regarding the conditions under which they can settle claims and whether there are any restrictions or requirements similar to those outlined for Washington franchisees. Understanding these conditions is crucial for protecting their interests and ensuring fair resolution of any disputes that may arise during the franchise term.