Under what conditions can a Zoomin Groomin franchisee 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 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, franchisees may be able to seek treble damages under specific conditions, as permitted by RCW 19.100.190. However, any provisions within the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are considered void.
This protection for franchisees is limited, with an exception carved out for negotiated settlements. If a franchisee, after the franchise agreement is already in effect, enters into a negotiated settlement where they are represented by independent legal counsel, then a waiver of the right to seek such damages may be enforceable, in accordance with RCW 19.100.220(2).
In practical terms, this means that while Zoomin Groomin's initial franchise agreement cannot force a franchisee to waive their right to seek treble damages, a franchisee could potentially waive this right later on if they agree to a settlement with Zoomin Groomin and have their own lawyer advising them during the settlement negotiations. This ensures that franchisees have the opportunity to seek such damages unless they knowingly and voluntarily relinquish that right under specific circumstances.