Can a Zoomin Groomin franchisee waive compliance with the Washington Franchise Investment Protection Act?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
shington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
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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).
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, a franchisee's ability to waive compliance with the Washington Franchise Investment Protection Act is restricted. A release or waiver in the franchise agreement that attempts to waive compliance with any provision under this Act, or its rules and orders, is generally void.
However, there is an exception: a franchisee can execute a valid waiver pursuant to a negotiated settlement after the franchise agreement is already in effect. To be valid, this settlement must be negotiated with the franchisee represented by independent counsel, in accordance with RCW 19.100.220(2). This means that a Zoomin Groomin franchisee cannot sign away their rights under the Washington Franchise Investment Protection Act at the outset of the agreement, but they can do so later if they have their own lawyer and are settling a dispute.
Furthermore, any release or waiver executed in connection with a renewal or transfer of a Zoomin Groomin franchise is also void unless it meets the same conditions as above, as provided for in RCW 19.100.220(2). This ensures that franchisees are protected from unknowingly or unfairly relinquishing their rights under the Act, especially during critical junctures like renewals or transfers. Provisions in the franchise agreement that unreasonably restrict the statute of limitations for claims or limit rights or remedies under the Act, such as the right to a jury trial, may not be enforceable.