What is the effect of the Dryject franchise agreement amendment on any other term of any document executed in connection with the franchise?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, in Maryland, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the franchise relationship cannot waive claims under state franchise law, including fraud, or disclaim reliance on franchisor statements. This specific provision takes precedence over any conflicting terms in any document related to the Dryject franchise. This means that even if a franchisee signs a document that seems to waive certain rights or claims, this waiver will not be valid under Maryland franchise law.
For prospective Dryject franchisees in Maryland, this addendum provides an additional layer of protection. It ensures that franchisees cannot inadvertently give up their legal rights through standard paperwork. This is particularly important in cases of alleged fraud or misrepresentation by Dryject during the franchise sales process.
In Minnesota, a rider supersedes any inconsistent or conflicting provisions of the agreement. This means that the terms of the rider take precedence over any conflicting terms in the original franchise agreement. This ensures that the most recent and specific agreements are upheld.
This protection is limited to claims arising under Maryland franchise law and does not necessarily extend to other types of claims or disputes. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement and applicable state laws.