In Virginia, can a Dryject franchisee disclaim reliance on any statement made by the franchisor, franchise seller, or other person acting on behalf of the franchisor through a signed statement, questionnaire, or acknowledgment?
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 the 2025 Dryject Franchise Disclosure Document, if you are a franchisee in Virginia, you cannot disclaim reliance on statements made by Dryject, its franchise sellers, or anyone acting on their behalf. This protection applies regardless of any signed statement, questionnaire, or acknowledgment you might complete when starting your franchise.
This means that Dryject franchisees in Virginia retain the right to pursue claims based on representations made to them, even if they have signed documents that appear to waive such claims. This addendum is specific to Virginia, acknowledging the restrictions within Section 13.1-564 of the Virginia Retail Franchising Act.
This provision is designed to protect franchisees from unknowingly waiving their rights under Virginia franchise law, including claims of fraud in the inducement. The Virginia addendum explicitly states that this protection supersedes any conflicting terms in any document related to the franchise agreement. This ensures that franchisees can rely on the information provided to them during the franchise sales process and are not penalized for doing so through waivers or disclaimers.