What is the dependency between Dryject's material breach and the franchisee's right to terminate the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) If You are in compliance with this Agreement and We materially breach this Agreement and fail to cure such breach within thirty (30) days after written notice thereof is delivered to Us, then You may terminate this Agreement and the Franchised Business effective thirty (30) days after delivery to Us of notice of termination.
Notwithstanding the foregoing, if the breach is capable of being cured but is of a nature which cannot reasonably be cured within such thirty (30) day period, and We have commenced and are continuing to make good faith efforts to cure the breach, We shall be given an additional reasonable period of time to cure the breach, and this Agreement shall not terminate.
Any termination of this Agreement and the Franchised Business by You, without complying with the foregoing requirements, or for any reason other than a material breach of this Agreement by Us and Our failure to cure such material breach within the time allowed shall be deemed a termination by You without cause.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, a franchisee's right to terminate the franchise agreement is contingent upon Dryject materially breaching the agreement. Specifically, the franchisee must be in compliance with the agreement themselves and must provide Dryject with written notice of the breach. Dryject then has thirty days to cure the breach after receiving this notice.
However, if the breach is of a nature that it cannot be reasonably cured within thirty days, and Dryject has started and continues to make good faith efforts to cure the breach, Dryject will be granted an additional reasonable period to complete the cure. If Dryject fails to cure the breach within the allowed time, the franchisee can then terminate the agreement by providing Dryject with a notice of termination, which takes effect thirty days after delivery.
It is important to note that any termination by the franchisee that does not comply with these requirements, or is for a reason other than Dryject's material breach and failure to cure, will be considered a termination by the franchisee without cause. This could have significant legal and financial ramifications for the franchisee, as they may be liable for damages to Dryject.