Does the Dryject agreement specify that the franchisee is responsible for omissions relating to the operation of the Franchised Business?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
y territory, on such terms and conditions as We may deem advisable, and without granting You any rights.
- (d) You alone are responsible for operating the Franchised Business in full compliance with all System Standards, as modified from time to time. System Standards mean mandatory specifications, standards, operating procedures, and rules that We periodically prescribe for the development and operation of DryJect franchised businesses. All references in this Agreement to System Standards will include any modifications, deletions and/or additions to the System Standards which are authorized by this Agreement or the Operations Manual. Except as otherwise provided in this Agreement, System Standards may regulate any aspect of the operation and maintenance of DryJect franchised businesses, provided that all System Standards will apply uniformly to all similarly situated DryJect franchised businesses.
- (e) You shall offer for sale all types of products and/or services that We from time to time authorize. You shall not offer for sale, without Our prior written approval, any other products and/or services, or use any equipment, commercial vehicles or premises (other than Your home) for any purpose other than the operation of the Franchised Business in full compliance with this Agreement.
- (f) You shall be required to purchase and sell all products and services bearing DryJect's trade name and/or logo which We now carry or see fit to carry or develop in the future. You may not develop or sell other products or services on Your own without Our prior written consent.
- (g) In order to allow Us to establish and enforce standards of quality and uniformity for the distribution and sale of Our products and services, and in order to preserve incentive for other entities to become DryJect franchisees in the future, You shall not sell DryJect products and services other than on a retail basis to customers, and not for resale by the purchasers thereof, without Our prior written consent and without executing a separate agreement with Us for the right to conduct such sales, if We request the execution of such an agreement.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the franchisee is responsible for operating the franchised business in compliance with all System Standards. System Standards are defined as the mandatory specifications, standards, operating procedures, and rules that Dryject periodically prescribes for the development and operation of Dryject franchised businesses. These standards may regulate any aspect of the operation and maintenance of Dryject franchised businesses, provided that all System Standards will apply uniformly to all similarly situated Dryject franchised businesses.
Additionally, the Dryject franchisee must use their best efforts in operating the franchised business and in recommending, promoting, and encouraging patronage of all Dryject System businesses. The franchisee must also promptly respond to any and all customer inquiries or complaints and achieve customer satisfaction for reasonable complaints through refund of fees or other accommodation to customer's satisfaction as may be appropriate, as well as taking such other steps as may be required by Dryject to insure positive customer relations and to maintain the goodwill of the Dryject System. If Dryject reasonably determines that the franchisee has not fairly handled a customer complaint, Dryject may intervene in order to resolve the matter to the customer's satisfaction, and the franchisee must reimburse Dryject for all costs incurred in satisfying the customer.
Furthermore, a Signer or Trainee shall not, directly or indirectly, do any act or omit to do any act, which would or would likely to be injurious or prejudicial to the goodwill associated with DRYJECT SYSTEM. This clause suggests that franchisees could be held responsible for omissions by their employees or representatives that harm the Dryject brand's reputation. While the agreement does not explicitly state that the franchisee is responsible for omissions, the responsibility to operate in compliance with system standards and protect the brand's goodwill implies a responsibility for both actions and failures to act that could negatively impact the business.