Does the Maryland Addendum supersede other terms in documents 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 does indeed supersede other terms in documents executed in connection with the franchise, but only under specific conditions. The addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee related to starting the franchise can waive claims under Maryland franchise law, including fraud, or disclaim reliance on statements made by Dryject or its representatives.
This means that certain provisions within the standard franchise agreement or related documents are overridden by the Maryland Addendum to protect the franchisee's rights under Maryland's franchise regulations. This ensures that Dryject franchisees in Maryland cannot unknowingly or unwillingly relinquish their legal protections afforded by Maryland law.
This protection is significant for prospective Dryject franchisees in Maryland. It prevents Dryject from enforcing clauses that might limit the franchisee's ability to pursue legal claims related to violations of Maryland's franchise laws. This includes claims of fraud or misrepresentation during the franchise sales process. Franchisees should carefully review the Maryland Addendum and understand their rights under Maryland law.
The Maryland Addendum specifically addresses concerns about potential waivers or disclaimers that could disadvantage franchisees. By invalidating such provisions, the addendum aims to create a fairer balance of power between Dryject and its franchisees in Maryland, ensuring that franchisees retain their legal recourse in case of disputes or violations of franchise law.