Does Dryject have a duty to take control over matters reserved to the franchisee?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
(l) It is the express intention of Subsections (j) and (k) of this Section 10 to establish that You are an independent contractor, and as such are solely responsible for the day-to-day affairs, management, operations and financial control of the Franchised Business and for Your employees and Your treatment of them.
(h) We have the right to determine, approve and supervise the quality of services and products sold by You from the Franchised Business, and to take all action We deem necessary to maintain
the quality and standards of the services and products, the Franchised Business and Our System. You are required to purchase certain services, equipment and operating supplies, as are more particularly set forth in the Operations Manual, from Us or suppliers whose services, products and materials are approved, and not thereafter disapproved, by Us.
- (k) You shall promptly respond to any and all customer inquiries or complaints and achieve customer satisfaction for reasonable complaints through refund of fees or other accommodation to customer's satisfaction as may be appropriate, as well as taking such other steps as may be required by Us to insure positive customer relations and to maintain the goodwill of the DryJect System. If We reasonably determine that You have not fairly handled a customer complaint, We may intervene in order to resolve the matter to the customer's satisfaction. You must reimburse Us for all costs We incur in satisfying Your customer.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, Dryject emphasizes the franchisee's role as an independent contractor, explicitly stating they are solely responsible for the day-to-day affairs, management, operations, and financial control of the franchised business, including employee management. This indicates that Dryject does not assume a duty to take control over these aspects of the franchisee's business. However, Dryject retains certain rights and controls to ensure brand consistency and quality.
Dryject has the right to determine, approve, and supervise the quality of services and products sold by the franchisee. They can also take necessary actions to maintain the quality and standards of the services, products, the franchised business, and the Dryject system. Franchisees are required to purchase certain services, equipment, and operating supplies from Dryject or approved suppliers. Dryject also retains control over internet activities, including domain names and website content, and can require franchisees to use designated e-commerce products or services.
While Dryject does not take control over the franchisee's daily operations, they may intervene in certain situations. For instance, if Dryject determines that a franchisee has not fairly handled a customer complaint, they may step in to resolve the matter and ensure customer satisfaction. In such cases, the franchisee is responsible for reimbursing Dryject for all costs incurred in satisfying the customer. This intervention is aimed at maintaining positive customer relations and the goodwill of the Dryject system, but it does not shift the overall responsibility for business operations away from the franchisee.