What is the consequence if the trainee breaches the agreement regarding Dryject trade secrets, and what remedy is available to the franchisor?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Trainee agrees that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law.
Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions thereof, Franchisor shall be entitled to enforce the provisions of this Agreement against Franchisee and Trainee, and may seek, in addition to any other remedies which are made available to it at law or in equity, including the right to terminate the Franchise Agreement, a temporary and /or permanent injunction and a decree for the specific performance of the terms of this Agreement, without being required to furnish a bond or other security.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, if a trainee breaches the agreement concerning Dryject's trade secrets, Dryject would be irreparably injured and lack an adequate remedy at law. In the event of such a breach, or a threatened or attempted breach, Dryject is entitled to enforce the provisions of the agreement against both the franchisee and the trainee.
Dryject may seek various remedies, including a temporary and/or permanent injunction and a decree for the specific performance of the terms of the agreement. This means Dryject can ask a court to order the trainee to stop the breaching behavior and to fulfill their obligations under the agreement. Importantly, Dryject is not required to furnish a bond or other security to obtain these remedies.
Additionally, Dryject retains the right to pursue any other remedies available to it at law or in equity, including the right to terminate the Franchise Agreement. This provides Dryject with broad legal recourse to address breaches of the agreement and protect its trade secrets and business interests.