Does the Maryland Addendum allow a Dryject franchisee to waive claims under any applicable state franchise law?
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 explicitly prohibits franchisees from waiving claims under any applicable state franchise law. This protection extends to claims of fraud in the inducement and disclaimers of reliance on statements made by Dryject or its representatives. This provision is designed to override any conflicting terms in other franchise documents, ensuring that Maryland franchisees retain their legal rights under state franchise law.
Specifically, the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive these rights. This means that any attempt by Dryject to include a clause that would force a franchisee to give up their right to sue or make claims under Maryland franchise law is invalid. The addendum reinforces the franchisee's ability to bring lawsuits in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, provided they are brought within three years after the franchise is granted.
This protection is a significant benefit for prospective Dryject franchisees in Maryland, as it ensures they cannot inadvertently or unknowingly relinquish their legal rights. It aligns with the intent of franchise laws to protect franchisees from potential overreach by franchisors and provides a legal recourse in case of disputes or misrepresentations. This provision enhances transparency and fairness in the franchise relationship within the state of Maryland.