Against whom does the Dryject franchise agreement state that the sole recourse for claims arising between the parties shall be?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that the sole recourse for claims arising between the parties shall be against Us or Our successors and assigns. You agree that Our shareholders, members, managers, directors, officers, employees and agents and Our affiliates shall not be personally liable nor named as a party in any action between Franchisee and Franchisor.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, the franchise agreement specifies that the sole recourse for claims arising between the franchisee and Dryject shall be against Dryject or its successors and assigns. This means that a franchisee can only pursue legal claims against the Dryject company itself, or any entity that takes over the company's rights and responsibilities.
The agreement explicitly states that the franchisee cannot hold Dryject's shareholders, members, managers, directors, officers, employees, or agents personally liable, nor can they be named as parties in any legal action between the franchisee and Dryject. This provision is designed to protect the individuals associated with Dryject from personal liability for the company's obligations.
This limitation on liability is a significant factor for prospective franchisees to consider. While it protects individuals associated with Dryject, it also limits the franchisee's options for recourse in case of a dispute. Franchisees should be aware that their legal claims are restricted to the assets and resources of the Dryject company itself, which could impact their ability to recover damages in certain situations. It is advisable to seek legal counsel to fully understand the implications of this clause before entering into a franchise agreement with Dryject.