How does RCW 19.100.190 relate to a Zoomin Groomin franchisee's ability to seek treble damages?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Waiver of Exemplary & Punitive Damages.
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 are 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 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, RCW 19.100.190 directly affects a franchisee's ability to seek treble damages. Specifically, the FDD states that this Washington statute permits franchisees to pursue treble damages under certain conditions. This is a notable right granted to franchisees under Washington law.
To protect this right, the Zoomin Groomin franchise agreement cannot contain provisions that force a franchisee to waive their right to seek exemplary, punitive, or similar damages. Any such waiver is considered void. However, there is an exception: a franchisee can waive these damages if it's part of a negotiated settlement reached after the franchise agreement is already in effect. Furthermore, this settlement must occur with both parties being represented by independent legal counsel, aligning with the stipulations of RCW 19.100.220(2).
In practical terms, this means that as a Zoomin Groomin franchisee, you retain the right to sue for treble damages if the situation warrants it, and the initial franchise agreement cannot strip you of this right. However, always seek independent legal counsel to fully understand your rights and obligations under the franchise agreement and Washington law.