Besides the restrictions noted in the Dryject franchise agreement, what other factors influence Dryject's consent to a transfer or assignment?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Your performance is of vital importance to the market position and Our overall image, and there are many subjective factors that comprise the process by which We select a suitable franchisee. Our consent to a transfer or assignment by You of the Franchise and Franchised Business shall, in addition to the other restrictions and requirements herein noted, remain a
subjective determination and shall consider, but not be limited to, whether:
(i) All obligations of Yours under this Agreement and all other franchise documents, and the relationship created under those agreements are being assumed by the transferee;
(ii) All ascertained debts of Yours to Us and Our affiliates have been paid;
(iii) You, at the time of the request to transfer and as of the date of transfer, are not in default under this Agreement or any other franchise agreement;
(iv) Except for other DryJect franchisees, the proposed transferee does not operate or participate in an entity that operates a franchise, license, or other business offering products and/or services similar to those offered by the Franchised Business;
(v) The proposed transferee meets all of Our requirements for new franchisees, including, but not limited to, good reputation and character, experience, business acumen, operational ability, financial strength and stability, willingness and ability to devote full time and best efforts to the operation of the Franchised Business and other business considerations as We may reasonably apply in evaluating new franchisees.
We must be provided all information about the proposed transferee as We may reasonably require;
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Dryject's consent to a transfer or assignment of a franchise is a subjective determination, in addition to other restrictions and requirements in the agreement. Dryject will consider several factors when evaluating a potential transfer.
These factors include ensuring the transferee assumes all obligations under the existing franchise agreements, and that all outstanding debts to Dryject and its affiliates are paid in full. Dryject also requires that the franchisee is not in default of any agreements at the time of the transfer request and on the date of the transfer itself. The proposed transferee cannot be involved with any business that offers similar products or services as Dryject, unless they are already a Dryject franchisee.
Furthermore, the proposed transferee must meet all of Dryject's requirements for new franchisees. This includes demonstrating good reputation and character, relevant experience, business acumen, operational ability, and financial stability. The transferee must also show a willingness and ability to devote their full time and best efforts to operating the Dryject franchise. Dryject also requires all information about the proposed transferee that it may reasonably require to make an informed decision.