In the event of a material breach by Dryject, what specific steps must the franchisee take to properly 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 the 2025 Dryject Franchise Disclosure Document, if Dryject materially breaches the agreement, the franchisee must first provide written notice of the breach to Dryject. Dryject then has 30 days to cure the breach after receiving the written notice.
However, if the breach is of a nature that it cannot be reasonably cured within 30 days, and Dryject has started and continues to make good faith efforts to cure the breach, Dryject will be given an additional reasonable period of time to cure the breach. The franchise agreement will not terminate under these conditions.
If Dryject fails to cure the breach within the specified time frame (either the initial 30 days or the extended reasonable period), the franchisee can then terminate the agreement and the franchised business by delivering a notice of termination to Dryject. The termination is effective 30 days after Dryject receives the notice of termination. If the franchisee terminates the agreement without following these steps or for a reason other than Dryject's material breach and failure to cure, it will be considered a termination by the franchisee without cause.