Does Dryject's acceptance of a partial payment waive their right to the full amount due?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Any acceptance of an amount which is less than the full amount due shall not be considered a waiver of Our right to (or Your obligation for) the full amount then due, or which may become due in the future.
Source: Item 23 — RECEIPT (FDD pages 50–68)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the acceptance of a partial payment does not constitute a waiver of Dryject's right to the full amount due. This means that even if Dryject accepts a payment that is less than the total amount owed by the franchisee, Dryject still retains the right to collect the remaining balance. This applies to the initial franchise fee of $29,500.00, the Base Equipment Package price of $166,500.00, Annual Royalty Service Fees, Marketing Fund Fees and other amounts due under the agreement.
This provision protects Dryject's financial interests by ensuring that franchisees cannot argue that partial payment implies acceptance of the full debt. It also reinforces the franchisee's obligation to pay all amounts due under the franchise agreement. This is a fairly standard clause in franchise agreements, as franchisors need to ensure they receive all payments owed to them.
For a prospective Dryject franchisee, this means that it is crucial to ensure all payments are made in full and on time. Failure to do so could result in Dryject pursuing the franchisee for the outstanding balance, even if partial payments have been made. Franchisees should also be aware that Dryject has the right to charge interest on overdue payments at a rate of 18% per year or the maximum contract rate of interest permitted by governing law, whichever is less, and can also charge a Non-Compliance Fee of One Hundred Dollars ($100.00) per violation.