What is the dependency between Dryject providing notice of a material breach and the franchisee's opportunity to cure?
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 the 2025 Dryject Franchise Disclosure Document, Dryject must provide written notice of a material breach to the franchisee before the franchisee has an opportunity to cure the default. Specifically, the franchisee has fifteen days after receiving written notice of the material breach to cure the default by providing proof of the cure to Dryject.
However, if the breach is curable but cannot reasonably be cured within fifteen days, and the franchisee has commenced and is continuing to make good faith efforts to cure the breach, Dryject will grant an additional reasonable period of time 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.
This clause is fairly standard in franchising, as it gives the franchisee an opportunity to fix any issues before the franchise agreement is terminated. It is important for a prospective franchisee to understand what constitutes a material breach and what steps are required to cure such a breach in order to maintain a good standing with Dryject.