What is the effect of the Washington Addendum on provisions in the Zoomin Groomin franchise agreement that require the franchisee to waive exemplary and punitive damages?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
As a result, any
such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
Source: Item 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, the Washington Addendum addresses the enforceability of provisions requiring franchisees to waive exemplary, punitive, or similar damages. Specifically, any such provisions contained in the franchise agreement or elsewhere are considered void and unenforceable in Washington. This means that Zoomin Groomin franchisees in Washington retain their right to seek such damages, notwithstanding any conflicting language in the franchise agreement.
The addendum emphasizes that it forms an integral part of the franchise agreement and modifies any conflicting terms. This protection extends to offers accepted in Washington, purchasers residing in Washington, and franchised businesses located or operated in Washington.
This modification is based on the Washington Franchise Investment Protection Act. However, there is an exception: franchisees can waive these damages if the waiver is part of a negotiated settlement reached after the franchise agreement is already in effect, and both Zoomin Groomin and the franchisee are represented by independent legal counsel, as per RCW 19.100.220(2).