Does the Dryject franchise agreement define 'Innovations'?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
fter "DRYJECT SYSTEM") for the development and operation of a business specializing in offering a patented, unique and exclusive natural grass ("turf") aeration service limited to golf course and sports turf facilities under the trade name and mark "DryJect"® (hereinafter "DRYJECT");
WHEREAS, DRYJECT SYSTEM includes but is not limited to certain trade names, trademarks, trade dress and logos including, but not limited to, the mark "DryJect"® , service marks, trade symbols, trade dress, signs, slogans, associated logos, designs, emblems, URLs, domain names, Website addresses, email addresses, digital cellular addresses, wireless Web addresses and the like and copyrights and such other trade names and trademarks as Franchisor may develop in the future for the purposes of identifying DRYJECT SYSTEM, and such other distinguishing characteristics of DRYJECT SYSTEM including, without limitation, distinctive sales and marketing procedures; knowledge and procedures for providing natural grass aeration services; management and financial control methods; and training and assistance, all of which may be changed, improved and further developed by Franchisor from time to time ("Trade Secrets");
WHEREAS, Franchisor's Trade Secrets provide economic advantages to Franchisor and are not generally known to or readily ascertainable by proper means by Franchisor's competitors who could obtain economic value from knowledge and use of Franchisor's Trade Secrets;
WHEREAS, Franchisor has taken and intends to take all reasonable steps to maintain the confidentiality and secrecy of Franchisor's Trade Secrets;
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
The 2025 Dryject Franchise Disclosure Document does not explicitly define the term 'Innovations'. However, the document does define 'Trade Secrets' and 'System Standards,' which could be related to innovations within the Dryject system. The definition of 'Trade Secrets' includes elements that Dryject may develop in the future for identifying the Dryject system, such as trade names, trademarks, service marks, logos, designs, emblems, URLs, domain names, website addresses, email addresses, digital cellular addresses, wireless web addresses, copyrights, sales and marketing procedures, knowledge and procedures for providing natural grass aeration services, management and financial control methods, and training and assistance. These 'Trade Secrets' may be changed, improved, and further developed by Dryject from time to time.
Additionally, the Dryject franchise agreement refers to 'System Standards,' which are mandatory specifications, standards, operating procedures, and rules that Dryject periodically prescribes for the development and operation of Dryject franchised businesses. These System Standards may be modified, deleted, or added to, and they may regulate any aspect of the operation and maintenance of Dryject franchised businesses, provided that they apply uniformly to all similarly situated Dryject franchised businesses.
While 'Innovations' is not specifically defined, prospective franchisees should seek clarification from Dryject regarding how innovations are handled within the franchise system. This includes understanding how franchisees can contribute to innovations, how they will be informed about new innovations, and whether they are required to adopt them. Understanding the distinction between 'Trade Secrets,' 'System Standards,' and potential 'Innovations' is crucial for franchisees to understand their obligations and rights within the Dryject franchise system.