In Virginia, does the Dryject franchise agreement amendment allow a franchisee to waive claims under state franchise law?
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:
The Summary column of Item 17 Paragraph (h) of the Virginia Disclosure Document is modified by adding the following at the end of the sentence:
"Pursuant to Section 13.1.564 of the Virginia Franchising Act, it is unlawful for a franchisor to cancel a franchise agreement without reasonable cause. If any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause" as that term may be defined in the Virginia Retail Franchising Act or laws of Virginia, that provision may not be enforceable."
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 addendum for the state of Virginia explicitly states that no agreement signed by a franchisee can waive claims under state franchise law. This includes claims of fraud. This provision overrides any other conflicting terms in any document related to the franchise agreement.
This amendment protects Dryject franchisees in Virginia by ensuring they retain their rights under Virginia franchise law. It prevents Dryject from enforcing waivers that would limit a franchisee's ability to pursue legal claims against them. This protection extends to claims of fraud in the inducement, meaning franchisees cannot be forced to disclaim reliance on statements made by Dryject during the franchise sales process.
This type of addendum is common in franchise agreements to comply with state-specific franchise laws, which often aim to protect franchisees from overreaching franchisors. Prospective Dryject franchisees in Virginia should understand that this provision strengthens their legal standing and ensures they cannot inadvertently forfeit their rights through standard contract language.