What does Dryject consider a material breach of the franchise agreement by the franchisee?
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)
Based on the 2025 Dryject Franchise Disclosure Document, if a trainee, who has access to Dryject's trade secrets, engages in certain competitive actions after their employment with the franchisee ends, Dryject would be irreparably injured and without an adequate remedy at law. These actions include diverting business, business opportunities, or customers of the franchisee's business to a competitor.
In the event of such a breach, or a threatened or attempted breach, Dryject is entitled to enforce the provisions of the agreement against the franchisee and trainee. Dryject may seek remedies available at law or in equity, including terminating the Franchise Agreement. They can also pursue a temporary and/or permanent injunction and a decree for specific performance of the agreement's terms, without needing to furnish a bond or other security.
This means that Dryject franchisees must ensure their trainees (employees) adhere to the agreement to protect Dryject's trade secrets and business interests. Failure to do so could lead to legal action, including potential termination of the franchise agreement and injunctive relief, which could significantly impact the franchisee's business operations.