Does the Dryject agreement require the franchisee to defend the franchisor against claims arising from the franchisee's actions?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
DRYJECT MANAGEMENT, LLC will protect your right to use the DryJect® Mark and Trade Name or will indemnify you against any loss, costs, or expenses arising out of any claim, suit, or demand regarding your use of the Marks or Trade Name.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
The 2025 Dryject Franchise Disclosure Document states that Dryject will protect the franchisee's right to use their trademarks and trade names. Dryject will also indemnify the franchisee against any losses, costs, or expenses from claims, suits, or demands regarding the franchisee's use of the Dryject marks or trade name. This indicates that Dryject, not the franchisee, is responsible for defending against claims related to the use of Dryject's intellectual property.
Additionally, the FDD includes addenda for franchisees in specific states like Maryland and Minnesota. These addenda reinforce franchisee rights and protections under state laws, particularly concerning waivers and legal recourse. For example, the Maryland addendum ensures that franchisees can bring lawsuits in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, and that no agreements can waive claims under state franchise law.
Furthermore, certain provisions within the Dryject franchise agreement are subject to state laws, such as the Wisconsin Fair Dealership Law. This law supersedes any conflicting terms in the agreement regarding termination and renewal, providing additional protection to franchisees in Wisconsin. These state-specific addenda and legal considerations highlight Dryject's commitment to complying with local regulations and protecting franchisee rights within those jurisdictions.