Does the Dryject agreement prevent Dryject from seeking specific performance or injunctive relief for violations of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Nothing in this Agreement shall bar Our right to seek specific performance of the provisions of this Agreement and injunctive relief against threatened conduct that will cause Us loss or damages under customary equity rules, including applicable rules for obtaining restraining orders and preliminary injunctions. You specifically acknowledge that any failure by You to comply with the requirements of Sections 25, 26 and/or 27 of this Agreement will cause Us irreparable injury and that We shall be entitled to obtain specific performance of, and/or an injunction against any violation of, such requirements. You agree to pay all court costs and reasonable attorneys' fees incurred by Us in obtaining specific performance of, and/or an injunction against any violation of, the requirements of this Agreement. The foregoing remedies shall be in addition to any other legal or equitable remedies that We may possess.
- (b) You agree that We will not be required to post a bond to obtain any injunctive relief and that Your only remedy if an injunction is entered against You will be to seek the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by reason of the wrongful issuance of such injunction being expressly waived hereby).
- (c) Should legal proceedings be brought against You to enforce any non-competition covenant or for Your failure to maintain confidentiality and protect against infringement, the period of restriction shall be deemed to begin running on the date of entry of an order granting Us injunctive relief and shall continue uninterrupted for the entire period of restriction.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, the franchise agreement does not prevent Dryject from seeking specific performance or injunctive relief under certain conditions. Specifically, Dryject retains the right to seek specific performance and injunctive relief against threatened conduct that would cause them loss or damages, according to customary equity rules.
The agreement emphasizes that any failure by a franchisee to comply with the requirements of Sections 25, 26, and/or 27 of the agreement will cause Dryject irreparable injury. In such cases, Dryject is entitled to obtain specific performance and/or an injunction against any violation of such requirements. The franchisee also agrees to cover all court costs and reasonable attorney's fees incurred by Dryject in obtaining specific performance or an injunction.
Furthermore, the franchisee agrees that Dryject will not be required to post a bond to obtain any injunctive relief, and the franchisee's only recourse if an injunction is entered against them is to seek the dissolution of that injunction if warranted. The agreement also states that should legal proceedings be brought against the franchisee to enforce any non-competition covenant or for failure to maintain confidentiality, the period of restriction will begin running on the date of entry of an order granting Dryject injunctive relief.