Under what circumstances can a Zoomin Groomin franchisee seek treble 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 the 2025 Zoomin Groomin FDD, franchisees may be able to seek treble damages under certain circumstances, specifically referencing RCW 19.100.190. This statute appears to override any provisions in the franchise agreement that would require a franchisee to waive exemplary, punitive, or similar damages. However, this ability to seek treble damages does not apply if a negotiated settlement is reached after the franchise agreement is already in effect, and both parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
In practical terms, this means that a Zoomin Groomin franchisee's right to pursue treble damages is protected by state law, and the franchise agreement cannot force them to waive this right upfront. This protection is significant because it allows franchisees to seek greater compensation in cases of serious misconduct or damages caused by the franchisor.
However, franchisees should be aware that this right can be waived if they enter into a negotiated settlement with Zoomin Groomin after the franchise agreement is in place, provided they have independent legal representation during those negotiations. This highlights the importance of seeking legal counsel before signing any settlement agreements to ensure their rights are fully protected. The FDD references Washington state law (RCW), so this provision likely applies specifically to franchises operating in Washington.