Does the Dryject Franchise Agreement grant the right to operate a Franchised Business outside of a Designated Territory?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
telephone directory listings for your Franchised Business as you choose. However, you must transfer them to us on the expiration, termination, repurchase or transfer of your Franchise, at your expense. You must sign an authorization that grants us the right to change, transfer, or terminate your telephone listings, your email addresses, domain names and comparable electronic identities, on your behalf upon expiration, termination, repurchase or transfer of your Franchise.
Item 12 TERRITORY
The Franchise Agreement grants you the right to operate a Franchised Business only within a Designated Territory. You must select a Territory, subject to our approval. Our approval will be based upon a variety of factors, including the viability of the proposed territory in relation to the number of golf courses, the number of potential parks and recreation facilities, junior and senior high schools, colleges and universities and other large areas of turf which could benefit from the services offered by the Franchise Owner. You will receive a Designated Territory based on an area sufficient to encompass a minimum of the equivalent of 200 eighteen-hole golf courses within the boundaries of the proposed territory. You may not relocate the Franchised Business without our prior written consent.
If you remain in compliance with your Franchise Agreement, we will not operate or grant franchises for a similar or competitive business under the Marks within your Territory (as described in Addendum A of the Franchise Agreement). However, we and our affiliates may operate businesses or grant franchises for any locations within or outside your Designated Territory, if they are operated under a different name or if they offer different goods and services. We and our affiliates also have the right to acquire, be acquired by, or merge with other companies which provide turf aeration services and related businesses, and other related services anywhere (including inside or outside of the Designated Territory) and, even if such businesses are located in the Designated Territory, the other businesses may continue to operate under another name. We will not compensate you for any of our activities including soliciting or accepting business in your Designated Territory, even if they have an impact on your Franchised Business.
Source: Item 12 — TERRITORY (FDD pages 33–34)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the Franchise Agreement grants franchisees the right to operate their franchised business only within a Designated Territory. Dryject franchisees must select a territory, which is subject to Dryject's approval based on factors such as the number of golf courses and potential parks and recreation facilities. The Designated Territory will encompass an area sufficient to include a minimum equivalent of 200 eighteen-hole golf courses. Franchisees cannot relocate their franchised business without Dryject's prior written consent.
Dryject franchisees may not solicit or accept customers from outside their Designated Territory without prior written approval. They are restricted to soliciting and accepting customers only from companies or persons located within their Designated Territory. This restriction extends to using other channels of distribution, such as the Internet, catalog sales, or telemarketing, to make sales outside of their Designated Territory without prior written approval.
However, there are exceptions. Dryject franchisees may accept business resulting from referrals or unsolicited inquiries from customers outside their Designated Territory if those customers are not within another franchisee's designated territory. If a franchisee accepts business from outside their Designated Territory that is located in another franchisee's territory, Dryject has the right to require the franchisee to send all gross revenues earned from that business to the franchisee who operates within the designated territory where the customer is located. Dryject may provide franchisees with restricted, conditional, and temporary rights to provide goods and services in contiguous territories if those territories have not been granted to other franchised business operators.