Does Dryject address a franchisee's reliance on the franchise disclosure document, including any exhibit?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
law.
OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION at www.dfpi.ca.gov.
Any provision of a franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
- (a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
- (b) Reliance by a franchisee on any representations made by the franchisor or its personnel or agents.
- (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
- (d) Violations of any provision of this division.
You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
California's Franchise Investment Law (Corporations Code sections 31512 and 31512.1) states that any provision of a franchise agreement or related document requiring the franchisee to waive specific provisions of the law is contrary to public policy and is void and unenforceable. The law also prohibits a franchisor from disclaiming or denying (i) representations it, its employees, or its agents make to you, (ii) your ability to rely on any representations it makes to you, or (iii) any violations of the law.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Franchisor's website address: www.dryject.com
ADDENDUM TO THE DISCLOSURE DOCUMENT REQUIRED BY THE STATE OF HAWAII
THIS FRANCHISE HAS BEEN FILED UNDER THE FRANCHISE INVESTMENT LAW OF THE STATE OF HAWAII. FILING DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS OR A FINDING BY THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
THE FRANCHISE INVESTMENT LAW MAKES IT UNLAWFUL TO OFFER OR SELL ANY FRANCHISE IN THIS STATE WITHOUT FIRST PROVIDING TO THE PROSPECTIVE FRANCHISEE, OR SUBFRANCHISOR, AT LEAST SEVEN DAYS PRIOR TO THE EXECUTION BY THE PROSPECTIVE FRANCHISEE OR ANY BINDING FRANCHISE OR OTHER AGREEMENT, OR AT LEAST SEVEN DAYS PRIOR TO THE PAYMENT OF ANY CONSIDERATION BY THE FRANCHISEE, OR SUBFRANCHISOR, WHICHEVER OCCURS FIRST, A COPY OF THE DISCLOSURE DOCUMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE.
THIS DISCLOSURE DOCUMENT CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT. THE CONTRACT OR AGREEMENT SHOULD BE REFERRED TO FOR A STATEMENT OF ALL RIGHTS, CONDITIONS, RESTRICTIONS AND OBLIGATIONS OF BOTH THE FRANCHISOR AND THE FRANCHISEE.
ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR STATE OF ILLINOIS
Illinois law governs the Franchise Agreement.
Based on Section 15 of the Illinois Franchise Disclosure Act of 1987 and Section 200.508 of the Administrative Rules and Regulations, the Illinois Attorney General's office imposed this deferral requirement due to Franchisor's financial condition requiring that until such time as there is a change in Franchisor's financial condition, Item 5 is amended as follows: The initial franchise fee paid shall be deferred until all initial pre-obligations owed to you by us have been completed and you have commenced doing business.
Item 7 is amended as follows: The initial franchise fee shall be deferred until all initial pre-opening obligations owed to you by us have been completed and you have commenced doing business.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, several states have specific provisions addressing a franchisee's reliance on the Franchise Disclosure Document (FDD). For instance, the addendum for the state of Maryland states that no agreement signed by a franchisee can disclaim reliance on any statement made by Dryject or its representatives. Similarly, in California, the law prohibits Dryject from disclaiming a franchisee's ability to rely on representations made by Dryject, its employees, or agents. These stipulations are designed to protect franchisees from being bound by clauses that waive their rights to claim reliance on the information provided by Dryject.
These protections ensure that franchisees can hold Dryject accountable for the information presented during the franchise sales process. The FDD serves as a critical document for prospective franchisees, and these state-specific regulations reinforce its importance. By preventing Dryject from disclaiming reliance on the FDD, these provisions aim to promote transparency and fairness in the franchise relationship. This means that if a franchisee makes decisions based on the FDD and those decisions result in damages due to misrepresentations, the franchisee has legal recourse.
Furthermore, the New York addendum includes a statement on the cover page of the FDD, advising prospective franchisees to contact state administrators or public libraries for information comparing franchisors. It also states that registration of the franchise by New York State does not mean the state recommends it or has verified the information in the FDD. This highlights the importance of independent verification and due diligence on the part of the franchisee, even with the protections in place. The state of Wisconsin also requires that the FDD and all proposed agreements be provided to the prospective franchisee at least 7 days prior to signing any binding agreement or payment of any consideration.