When is a release or waiver of rights void for a Sonesta Simply Suites franchise agreement in Washington?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPTS (FDD pages 80–246)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, a release or waiver of rights within the franchise agreement or related documents is void under specific conditions in Washington. This applies when the franchisee is bound to waive compliance with any provision of the Washington Franchise Investment Protection Act, including its rules and orders.
However, there are exceptions. Such a release or waiver is not void if it is executed as part of a negotiated settlement after the franchise agreement is already in effect. Additionally, for this exception to hold, both parties, the franchisor and franchisee, must be represented by independent legal counsel.
Furthermore, any release or waiver connected to the renewal or transfer of a Sonesta Simply Suites franchise is also void, except under the same conditions as above: a negotiated settlement after the agreement is in effect with both parties having independent counsel, as per RCW 19.100.220(2). This ensures franchisees are protected from unknowingly waiving their rights under the Washington Franchise Investment Protection Act unless specific conditions are met.