Under what circumstances can a Zoomin Groomin franchisee seek treble damages in Washington?
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 Franchise Disclosure Document, franchisees in Washington are permitted to seek treble damages under certain conditions, as outlined in RCW 19.100.190. This means that a franchisee may be able to recover three times the amount of their actual damages in specific legal cases.
However, any provisions within the franchise agreement or related documents that require a Zoomin Groomin franchisee to waive their right to exemplary, punitive, or similar damages are considered void. There is an exception: such waivers are permissible if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both Zoomin Groomin and the franchisee are represented by independent legal counsel, in accordance with RCW 19.100.220(2).
This protection ensures that Zoomin Groomin franchisees are not forced to give up their legal rights to seek significant damages in cases of serious misconduct or violations of the franchise agreement, unless under very specific and controlled circumstances where they have independent legal advice and are settling a dispute. This is a notable protection for franchisees, as it prevents the franchisor from using the franchise agreement to shield itself from potential liability for substantial damages.