In Minnesota, what is the effect of a statement, questionnaire, or acknowledgment signed by a Dryject franchisee regarding waiving claims under 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, any statement, questionnaire, or acknowledgment signed by a franchisee in Minnesota at the start of their franchise relationship cannot waive claims under state franchise law. This includes claims of fraud in the inducement or disclaiming reliance on statements made by Dryject or its representatives. This protection supersedes any conflicting terms in any document related to the franchise agreement.
This means that even if a Dryject franchisee signs a document that appears to waive their rights under Minnesota franchise law, that waiver will not be legally enforceable. Franchisees retain the right to pursue claims against Dryject, even if they have signed something that suggests otherwise. This is a significant protection for franchisees, as it prevents Dryject from using standard contract language to shield itself from liability for potential misrepresentations or violations of state law.
Minnesota law also stipulates that Dryject cannot require litigation to occur outside of Minnesota, mandate a waiver of jury trial rights, or demand consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the franchise agreement cannot diminish any rights granted to the franchisee under Minnesota Statutes, Chapter 80C, or their entitlement to procedures, forums, or remedies provided by Minnesota law.
These provisions collectively ensure that Dryject franchisees in Minnesota have strong legal protections and cannot be forced to unknowingly surrender their rights through contractual clauses or acknowledgments. Prospective franchisees should be aware of these protections and consult with an attorney to fully understand their rights under Minnesota law.