What is the duration of the non-compete agreement for a Dryject trainee after termination of employment?

According to Dryject's 2025 Franchise Disclosure Document, a trainee agrees that for two years following the termination of their employment with a franchisee, they will not, without prior written consent from Dryject, divert or attempt to divert any business, business opportunity, or customer of the franchisee's franchised business to any competitor. This restriction applies except to the extent prohibited by the laws of the state where the franchised business is located or where the trainee lives or works.

This non-compete agreement is designed to protect Dryject's trade secrets and the uniqueness of the Dryject system. The franchisee is responsible for ensuring that the trainee adheres to the terms of the agreement. Dryject would be irreparably injured if the trainee breaches the agreement, and Dryject is entitled to enforce the agreement against the franchisee and trainee, seeking injunctive relief and specific performance without needing to furnish a bond or other security.

It is important to note that the enforceability of non-compete agreements can vary by jurisdiction. The franchisee is solely responsible for obtaining their own professional advice regarding the adequacy of the terms and provisions of any non-compete agreement they require their employees to sign. This means that a prospective Dryject franchisee should consult with an attorney to understand the specific laws in their state regarding non-compete agreements and how they apply to their employees.

The FDD also states that should legal proceedings be brought by Dryject against a trainee to enforce any non-competition covenant, the period of restriction begins on the date of entry of an order granting Dryject preliminary injunctive relief and continues uninterrupted for the entire period of restriction. This clause ensures that any legal challenges do not shorten the intended duration of the non-compete agreement.