What is the effect of the Maryland Addendum on any term of any document executed in connection with the Dryject 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 Dryject's 2025 Franchise Disclosure Document, the Maryland Addendum includes a provision that impacts all documents related to the franchise agreement. Specifically, no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship can waive claims under Maryland franchise law, including claims of fraud. Additionally, franchisees cannot disclaim reliance on statements made by Dryject or its representatives. This specific provision in the Maryland Addendum takes precedence over any conflicting terms in any other document associated with the Dryject franchise agreement.
This means that even if a franchisee signs a document that appears to waive their rights or disclaim reliance on Dryject's statements, this waiver is not enforceable under Maryland law to the extent it conflicts with the Maryland Franchise Registration and Disclosure Law. This protection extends to claims of fraud in the inducement, ensuring franchisees can pursue such claims despite any seemingly contradictory language in other documents.
For a prospective Dryject franchisee in Maryland, this addendum offers significant protection. It ensures that they cannot inadvertently waive their rights under Maryland franchise law through standard form documents. This provision aims to protect franchisees from overreaching by the franchisor and ensures that they retain the ability to pursue legal remedies if Dryject violates the Maryland Franchise Registration and Disclosure Law. This is particularly important in the context of franchise agreements, which are often complex and may contain terms that are difficult for franchisees to fully understand.
It is important for prospective Dryject franchisees in Maryland to carefully review the Maryland Addendum and understand their rights under Maryland franchise law. They should also consult with an attorney to ensure that they fully understand the implications of all documents they sign in connection with the franchise agreement. This addendum provides a crucial safeguard, but franchisees must still be diligent in protecting their own interests.