Does Itan require franchisees to prospectively waive liability imposed by the Virginia Retail Franchising Act?

According to Itan's 2025 Franchise Disclosure Document, Itan will not require franchisees to prospectively assent to a waiver, condition, stipulation, or provision that purports to relieve any person from liability imposed by the Virginia Retail Franchising Act. However, this does not prevent Itan and the franchisee from entering into binding arbitration consistent with the Virginia Retail Franchising Act.

Additionally, any provision in the Franchise Agreement or Supplemental Agreement that limits the time period in which a franchisee may assert a legal claim against Itan under the Virginia Retail Franchising Act is amended to provide for a four-year statute of limitations for bringing such claims.

Itan also acknowledges that according to Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any grounds for default or termination stated in the Franchise Agreement or Supplemental Agreement do not constitute "reasonable cause" as defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable. These stipulations protect the franchisee from being unduly influenced into surrendering their rights under the agreement and ensure a reasonable cause for franchise termination.