How does Dryject define its trade secrets for the purposes of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, DRYJECT SYSTEM includes but is not limited to certain trade names, trademarks, trade dress and logos including, but not limited to, the mark "DryJect"® , service marks, trade symbols, trade dress, signs, slogans, associated logos, designs, emblems, URLs, domain names, Website addresses, email addresses, digital cellular addresses, wireless Web addresses and the like and copyrights and such other trade names and trademarks as Franchisor may develop in the future for the purposes of identifying DRYJECT SYSTEM, and such other distinguishing characteristics of DRYJECT SYSTEM including, without limitation, distinctive sales and marketing procedures; knowledge and procedures for providing natural grass aeration services; management and financial control methods; and training and assistance, all of which may be changed, improved and further developed by Franchisor from time to time ("Trade Secrets");
WHEREAS, Franchisor's Trade Secrets provide economic advantages to Franchisor and are not generally known to or readily ascertainable by proper means by Franchisor's competitors who could obtain economic value from knowledge and use of Franchisor's Trade Secrets;
WHEREAS, Franchisor has taken and intends to take all reasonable steps to maintain the confidentiality and secrecy of Franchisor's Trade Secrets;
WHEREAS, Franchisor and Franchisee desire to enter into a Franchise Agreement which will grant Franchisee a limited right to operate a Franchised Business within a territory using DRYJECT SYSTEM and Franchisor's Trade Secrets for a period defined in the Franchise Agreement ("Franchise Agreement");
WHEREAS, Franchisor and Franchisee have agreed in the Franchise Agreement on the importance to Franchisor and to Franchisee and other licensed users of DRYJECT SYSTEM of restricting use, access and dissemination of Franchisor's Trade Secrets; and
WHEREAS, it is anticipated that Signer may have access to learn Franchisor's Trade Secrets as Franchisee develops and maintains Franchisee's Business using DRYJECT SYSTEM.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the definition of trade secrets includes various elements related to the Dryject system. These trade secrets encompass trade names, trademarks, trade dress, and logos, notably the "DryJect" mark, service marks, trade symbols, slogans, associated logos, designs, URLs, domain names, website addresses, email addresses, digital cellular addresses, wireless web addresses, copyrights, and any future trade names and trademarks developed by Dryject.
Dryject's trade secrets also extend to distinctive sales and marketing procedures, knowledge and procedures for providing natural grass aeration services, management and financial control methods, and training and assistance programs. The agreement emphasizes that these trade secrets provide Dryject with economic advantages and are not generally known or easily ascertainable by competitors. Dryject states that it takes reasonable steps to maintain the confidentiality and secrecy of these trade secrets.
Furthermore, any information and materials, including specifications, techniques, and compilations of data that Dryject designates as confidential, are also considered trade secrets under the agreement. Franchisees and their employees or trainees are required to maintain the confidentiality of these trade secrets and use them only in connection with the Dryject system. Unauthorized use or disclosure of confidential information and trade secrets can cause significant harm to Dryject, and all related materials, such as operations manuals, remain the sole property of Dryject.