Under what circumstances might Section 32 of the Dryject Franchise Agreement not be enforceable?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 32 of the Agreement under the heading "TERMINATION OF FRANCHISE", shall be supplemented by the following new subparagraph 32 (h). entitled "Termination Rights under Wisconsin Law":
"To the extent that the provision of §32 regarding termination are inconsistent with requirements of the Wisconsin Fair Dealership Law (which, among other things, grants Franchise Owner the right, in most circumstances to 90 days prior written notice of termination and 60 days within which to remedy any claimed deficiencies), said termination provisions will be superseded by the requirements of the Wisconsin Fair Dealership Law and will have no force or effect."
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Section 32 of the Dryject Franchise Agreement, which pertains to termination of the franchise, may not be enforceable if it is inconsistent with the requirements of the Wisconsin Fair Dealership Law. This law provides franchise owners in Wisconsin certain protections, including the right to a 90-day prior written notice of termination and 60 days to remedy any claimed deficiencies.
Specifically, if Section 32 of the Dryject agreement conflicts with these provisions of the Wisconsin Fair Dealership Law, the state law will supersede the terms of the franchise agreement. In such cases, the termination provisions outlined in Section 32 would have no force or effect, and Dryject would be required to adhere to the stipulations of the Wisconsin Fair Dealership Law.
This means that Dryject franchisees in Wisconsin benefit from the state's dealership law, which offers more protection regarding termination procedures than what might be initially outlined in the standard franchise agreement. Prospective franchisees in Wisconsin should be aware of these rights and understand that the state law provides an additional layer of security regarding the termination of their franchise agreement.