When is a release or waiver of rights void for a Zoomin Groomin franchisee in Washington?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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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). 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 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 the 2025 Zoomin Groomin FDD, a release or waiver of rights included in the franchise agreement or related documents is generally void in Washington, with specific exceptions. This protection is rooted in the Washington Franchise Investment Protection Act.
Specifically, any release or waiver that attempts to waive compliance with any provision of the Washington Franchise Investment Protection Act, or its associated rules and orders, is void. However, there are two key exceptions to this rule. The first exception is when the release is executed as part of a negotiated settlement after the franchise agreement is already in effect, and both Zoomin Groomin and the franchisee are represented by independent legal counsel. The second exception is for releases or waivers executed in connection with a renewal or transfer of a franchise, but only as explicitly allowed under RCW 19.100.220(2).
In practical terms, this means that Zoomin Groomin franchisees in Washington have significant protection against unknowingly waiving their rights under state franchise law. Any attempt by Zoomin Groomin to include a blanket waiver in the initial franchise agreement is unenforceable. However, franchisees should be aware that they can validly waive their rights if they are part of a settlement reached after the agreement is in place and they have their own lawyer, or if the waiver relates to a renewal or transfer and complies with the specific requirements of Washington law.
This provision ensures that franchisees are not pressured into giving up their legal protections without proper representation or understanding of their rights. Franchisees should always consult with an attorney before signing any release or waiver to ensure they fully understand the implications.