In Virginia, what is the effect of a Dryject franchisee agreeing to a statement 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, a Virginia franchisee's agreement to any statement, questionnaire, or acknowledgment related to starting the franchise does not waive their rights under Virginia franchise law. This protection specifically includes claims of fraud in the inducement, meaning that franchisees cannot waive their right to sue Dryject if they were misled into signing the agreement.
Additionally, Virginia Dryject franchisees cannot disclaim reliance on statements made by Dryject, its sellers, or representatives. This means a franchisee can still hold Dryject accountable for claims made during the sales process, even if the franchisee signed something that suggests they didn't rely on those claims. This addendum is designed to protect franchisees from unintentionally giving up their legal rights.
This provision in the Virginia addendum supersedes any conflicting terms in any document executed in connection with the Dryject franchise. This ensures that the protections afforded by Virginia law take precedence over any potentially conflicting language in the franchise agreement or related documents. This is a beneficial protection for franchisees in Virginia, as it prevents them from inadvertently waiving their rights through standard contract language.