What is the dependency between a Dryject franchisee's cure of a breach and the termination of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
As a result, You acknowledge and agree that the occurrence of any of the following events, each or any of which shall be considered a Material Breach default of this Agreement, constitutes reasonable grounds for termination of this Franchise Agreement by Us; provided, however that You shall be given the opportunity, within fifteen (15) days after receipt of written notice of such Material Breach, to cure the default by promptly providing proof of cure to Us.
Notwithstanding the foregoing, if the breach is curable but is of a nature which cannot reasonably be cured within such fifteen (15) day period and You have commenced and are continuing to make good faith efforts to cure the breach, You shall be given an additional reasonable period of time to cure the default, and this Agreement shall not terminate.
If any such default is not cured within the time as specified by Us, this Agreement shall terminate effective immediately without further notice to You.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Dryject can terminate the franchise agreement if the franchisee materially breaches the agreement. However, Dryject must first provide the franchisee with written notice of the breach and an opportunity to cure it.
Specifically, the franchisee typically has fifteen days after receiving written notice to cure the default. If the breach cannot reasonably be cured within fifteen days, and the franchisee has started and continues to make good faith efforts to cure the breach, Dryject will allow an additional reasonable period to cure the default. If the franchisee fails to cure the default within the specified time, the franchise agreement will terminate immediately without further notice.
Certain breaches, as outlined in the FDD, may lead to automatic termination without notice or an opportunity to cure. Franchisees should carefully review the franchise agreement to understand what constitutes a breach and the specific cure periods allowed. Franchisees in Wisconsin should note that the Wisconsin Fair Dealership Law may supersede the termination provisions in the franchise agreement, providing for a 90-day notice of termination and 60 days to remedy any claimed deficiencies.