Under what circumstances can Sonesta Simply Suites franchisees in Washington seek treble damages?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances. Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages may be 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).
Source: Item 23 — RECEIPTS (FDD pages 80–246)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, franchisees in Washington can seek treble damages under certain conditions, as permitted by RCW 19.100.190. This means that a Sonesta Simply Suites franchisee may be able to recover up to three times their actual damages in certain legal disputes.
However, any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages may be void. There is an exception: such waivers are allowed if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both Sonesta Simply Suites and the franchisee are represented by independent legal counsel, in accordance with RCW 19.100.220(2).
This clause protects Sonesta Simply Suites franchisees in Washington from unknowingly or unfairly waiving their rights to seek larger damage awards. It ensures that any waiver is made knowingly and voluntarily with the advice of counsel after a dispute has arisen, rather than being a standard clause in the initial franchise agreement. This is more protective than in some states, where such waivers may be fully enforceable.