Who bears the cost of expenditures related to changes or modifications in the Dryject system?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
You recognize and agree that from time to time We may change or modify Our System and Our business in any manner that is not expressly and specifically prohibited by this Agreement including, but not limited to, the adoption and use of new or modified trade names, trademarks, service marks or copyrighted materials, new computer programs and systems, new types or brands of products or services, new equipment requirements or new techniques and that You will accept, use and display for the purpose of this Agreement any such changes in Our System, as if they were part of this Agreement at the time of execution. Whenever We have expressly reserved in this Agreement or are deemed to have a right and/or discretion to take or withhold an action, or to grant or decline to grant You a right to take or withhold an action, except as otherwise expressly and specifically provided in this Agreement, We may make such decision or exercise Our right and/or discretion on the basis of Our judgment of what is in Our best interests, including without limitation Our judgment of what is in the best interests of the DryJect System, at the time Our decision is made or Our right or discretion is exercised. Any new or different requirements imposed will not unreasonably increase Your obligations or place an excessive economic burden on Your operations, or otherwise alter Your status or rights under this Agreement. You will make such expenditures for such changes or modifications in Our System as We may reasonably require. You shall not change, modify or alter in any way any material aspect of Our System, without Our prior written consent.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, the franchisee is responsible for expenditures related to changes or modifications in the Dryject system. Dryject retains the right to modify its system and business practices, including adopting new trade names, trademarks, computer programs, products, services, equipment, or techniques.
The franchisee must accept and implement these changes as if they were part of the original agreement. Dryject states that any new requirements will not unreasonably increase the franchisee's obligations or create an excessive economic burden.
However, the franchisee is expected to make expenditures for system changes or modifications that Dryject reasonably requires. The franchisee cannot unilaterally change or modify any material aspect of the Dryject system without Dryject's prior written consent. This clause ensures that Dryject can maintain uniformity and standards across all franchise locations, while the stipulation against 'excessive economic burden' offers some protection to the franchisee against unreasonable costs.