Does Dryject believe that enforcing the non-compete will deprive the franchisee of their ability to earn a living?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) You expressly acknowledge that You possess skills and abilities of a general nature and have other opportunities for exploiting such skills.
Consequently, You acknowledge that enforcement of the covenants made in this Section will not deprive You of Your personal goodwill or ability to earn a living.
- (d) It is the express intention of the parties to this Agreement to comply with all laws applicable to the covenants contained in this Agreement.
If any of the covenants contained in this Section are found to exceed in duration, geography or scope those permitted by applicable law, the parties expressly agree that such restrictive covenant may be reformed or modified by the final judgment of a court of competent jurisdiction or other lawful constituted authority to reflect a lawful and enforceable restriction, whether in duration, geography or scope, and that the covenants contained in this Section shall automatically be deemed to be amended and modified so as to comply with the judgment or order of such court or authority to the maximum extent permitted.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject believes that the enforcement of non-compete covenants will not deprive a franchisee of their ability to earn a living. The FDD states that franchisees expressly acknowledge that they possess skills and abilities of a general nature and have other opportunities for exploiting such skills.
Dryject states that franchisees acknowledge that enforcement of the non-compete covenants will not deprive them of their personal goodwill or ability to earn a living. This suggests that Dryject believes franchisees have transferable skills and alternative opportunities available to them, even with the non-compete in place.
However, the document also states that if any of the covenants contained in the agreement are found to exceed what is permitted by applicable law in terms of duration, geography, or scope, the parties agree that such restrictive covenant may be reformed or modified by the final judgment of a court to reflect a lawful and enforceable restriction. This indicates that the enforceability of the non-compete agreement is subject to legal review and may be adjusted based on the specific jurisdiction and circumstances.