What is the effect of RCW 19.100.220(2) on a general release in the Zoomin Groomin franchise agreement?
Zoomin_Groomin 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 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, a general release or waiver of rights within the franchise agreement or related documents, which aims to prevent a franchisee from complying with the Washington Franchise Investment Protection Act, is void.
However, there is an exception: such a release is valid if it is part of a negotiated settlement reached after the franchise agreement is already in effect. Additionally, for the release to be valid, both parties (Zoomin Groomin and the franchisee) must be represented by independent legal counsel during these negotiations, as stipulated by RCW 19.100.220(2).
Furthermore, any release or waiver connected to the renewal or transfer of a Zoomin Groomin franchise is also void unless it adheres to the conditions specified in RCW 19.100.220(2), meaning it must be part of a negotiated settlement with independent legal representation for both parties. This provision ensures that franchisees are not pressured into waiving their rights under the Washington Franchise Investment Protection Act, except under specific circumstances where they have the benefit of independent legal advice and the release is part of a genuine settlement.