What is the definition of a Key Employee for a Dryject franchise, as referenced in Section 12?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
A "Key Employee" as used in this Agreement is anyone who is an owner, partner, member and/or employee who acts in a management, supervisory or sales capacity for or on behalf of the Franchised Business. You shall identify all of Your Key Employees in Addendum B of this Agreement. Each individual listed in Addendum B as a Key Employee no matter when so listed, at Our option, shall attend Our Initial Training Program, and shall thereafter be jointly and severally responsible for operating the Franchised Business in accordance with the standards of Our System and this Agreement. You represent and warrant that each of the individuals designated in Addendum B will at all times abide by the System Standards of Our System, this Agreement, and the Licensed Rights; that You will at all times assume personal responsibility for their continued compliance with those System Standards; and that You will promptly notify Us if any of them shall at any time during the Term of this Agreement divest themselves of ownership, partnership, membership, or employment, as the case may be, with You. You shall amend Addendum B and submit the amended Addendum to Us whenever there is any change in Your list of Key Employees. We reserve the right to require certain individuals to be included in Your list of Key Employees.
We possess certain proprietary Confidential Information consisting of the Marks, the Intellectual Property, Our System Standards, and other methods, techniques, formats, specifications, procedures, information, systems, methods of business management, sales and promotion techniques and knowledge of and experience in the operation and franchising of DryJect franchised businesses (the "Confidential Information"). Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the employee lives or works, every Key Employee must sign a non-disclosure, non-solicitation and non-competition agreement in a form approved by Us or as We otherwise provide. You must provide a copy of each Key Employee's signed non-disclosure, non-solicitation and non-competition agreement to Us prior to such Key Employee beginning Our Initial Training Program and prior to Your disclosing Our Confidential Information to such Key Employee.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, a "Key Employee" is defined as anyone who is an owner, partner, member, and/or employee who acts in a management, supervisory, or sales capacity for the Dryject Franchised Business. The franchisee must identify all Key Employees in Addendum B of the Franchise Agreement.
Each individual listed as a Key Employee in Addendum B may be required to attend Dryject's Initial Training Program. Key Employees are jointly and severally responsible for operating the Franchised Business according to Dryject's System standards and the Franchise Agreement. Franchisees must ensure that Key Employees comply with Dryject's System Standards and promptly notify Dryject if a Key Employee's relationship with the franchise changes.
Dryject retains the right to require certain individuals to be included in the franchisee's list of Key Employees. Key Employees are often required to sign a non-disclosure, non-solicitation, and non-competition agreement, and a copy of this agreement must be provided to Dryject before the Key Employee begins the Initial Training Program or receives Confidential Information.
This definition and the associated requirements ensure that individuals in key positions within the Dryject franchise are properly trained, committed to the brand's standards, and legally bound to protect Dryject's confidential information and business interests.