Does the Dryject franchise agreement amendment allow a franchisee to disclaim reliance on statements made by the franchisor in Virginia?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the restrictions contained in Section 13.1-564 of the Virginia Retail Franchising Act, the Franchise Disclosure Document for DryJect Management, LLC for use in the Commonwealth of Virginia shall be amended as follows:
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, the addendum to the franchise agreement for the state of Virginia explicitly prohibits any statement, questionnaire, or acknowledgment from disclaiming reliance on statements made by the franchisor. This amendment is in place to protect franchisees in Virginia from unknowingly waiving their rights to depend on the franchisor's representations. This provision overrides any conflicting terms in other documents related to the franchise agreement.
This means that Dryject franchisees in Virginia cannot be forced to sign documents that prevent them from claiming they relied on information provided by Dryject during the franchise sales process. This protection extends to claims of fraud in the inducement, ensuring franchisees can pursue legal remedies if they believe they were misled. The Virginia Retail Franchising Act, specifically Section 13.1.564, underpins this protection, preventing franchisors from enforcing termination clauses without reasonable cause.
For a prospective Dryject franchisee in Virginia, this addendum offers a significant safeguard. It ensures that any representations made by Dryject during the sales process can be relied upon, and the franchisee cannot be compelled to waive their right to claim reliance on those statements. This protection helps to create a more transparent and fair relationship between the franchisor and franchisee, aligning with the intent of the Virginia Retail Franchising Act to protect franchisees' rights.