How does RCW 19.100.220(2) affect the validity of a Zoomin Groomin franchisee's waiver of exemplary damages?
Zoomin_Groomin 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 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 19.100.220(2) addresses the conditions under which a franchisee's waiver of exemplary, punitive, or similar damages is considered valid. Generally, provisions in the franchise agreement that require franchisees to waive these types of damages are void.
However, there is an exception: such waivers are permissible if they are executed as part of a negotiated settlement after the franchise agreement is already in effect. Furthermore, for the waiver to be valid under RCW 19.100.220(2), both parties—Zoomin Groomin and the franchisee—must be represented by independent legal counsel during the negotiation of the settlement.
In practical terms, this means that a Zoomin Groomin franchisee cannot be forced to waive their right to seek exemplary or punitive damages at the outset of the franchise agreement. The franchisee retains this right unless a settlement is reached later, under the specific conditions outlined by Washington law, ensuring fair representation and negotiation.