When is a release or waiver of rights void for a My Salon Suite franchise in Washington?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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).
Source: Item 17 — (r) of the FDD and Section 13 of the Franchise Agreement disclose the existence of certain covenants restricting competition to which Franchisee must agree. The Commissioner has held that covenants restricting competition contrary to Section 9-08-06 of the North Dakota Century Code, without further disclosing that such covenants may be subject to this statue, are unfair, unjust, or inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law. The FDD and the Franchise Agreement are amended accordingly to the extent required by law. (FDD pages 230–274)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents is void in Washington under specific circumstances. This applies when the franchisee is asked to waive compliance with any provision of the Washington Franchise Investment Protection Act, including its rules and orders.
However, there are exceptions. A waiver is permissible if it's part of a negotiated settlement reached after the franchise agreement is already in effect. In this case, the franchisee must be represented by independent legal counsel, adhering to RCW 19.100.220(2). Furthermore, any release or waiver connected to the renewal or transfer of a My Salon Suite franchise is also void unless it meets the conditions outlined in RCW 19.100.220(2).
This provision protects franchisees in Washington from unknowingly or unfairly relinquishing their rights under state law. It ensures that any waivers are made knowingly, voluntarily, and with the benefit of independent legal advice, especially during sensitive times such as settling disputes or renewing/transferring the franchise. Prospective My Salon Suite franchisees in Washington should be aware of these protections and consult with an attorney to fully understand their rights.