In the event of a conflict between the AAA rules and the Dryject franchise agreement, which terms control?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
If such Rules are in any way contrary to or in conflict with this Agreement, the terms of this Agreement shall control.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, in the event of a conflict between the American Arbitration Association (AAA) rules and the franchise agreement, the terms of the Dryject franchise agreement will take precedence. This means that while arbitration will be conducted according to AAA rules, any specific stipulations or clauses within the Dryject franchise agreement that contradict those rules will be upheld instead.
This condition is important for prospective franchisees to understand, as it clarifies the framework for resolving disputes. While the AAA provides a standardized set of rules for arbitration, the Dryject franchise agreement retains control over the specific terms that will govern the relationship between Dryject and the franchisee. Franchisees should carefully review the franchise agreement to understand how its terms might differ from standard AAA procedures.
This clause ensures that the specific terms negotiated and agreed upon in the franchise agreement are honored, even within the arbitration process. It is a fairly standard practice in franchising to have the franchise agreement take precedence over general arbitration rules to maintain the integrity of the contractual relationship. Franchisees should be aware of this and seek legal counsel to fully understand the implications of this clause before signing the agreement.