In Virginia, what is the effect of a Dryject franchisee agreeing to a questionnaire in connection with the commencement of the franchise relationship?
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 Dryject's 2025 Franchise Disclosure Document, specifically the addendum for the state of Virginia, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship will not waive claims under state franchise law. This includes claims related to fraud in the inducement. Additionally, such documents cannot disclaim reliance on statements made by Dryject, its representatives, or franchise sellers. This addendum supersedes any conflicting terms in other franchise documents.
In simpler terms, Dryject franchisees in Virginia cannot unknowingly give up their legal rights by signing a questionnaire or acknowledgment when starting their franchise. This protection extends to claims of fraud, ensuring franchisees can still pursue legal action if they believe they were misled. The provision also ensures that franchisees can rely on statements made by Dryject during the franchise sales process, preventing Dryject from later arguing that the franchisee did not rely on those statements.
This type of provision is designed to protect franchisees from unintentionally waiving their rights due to complex legal language or pressure from the franchisor. It creates a more level playing field, allowing franchisees to make informed decisions and seek legal recourse if necessary. This protection is particularly important in states like Virginia with franchise-specific laws aimed at safeguarding franchisee interests.