Does the Dryject franchise agreement include a Non-Disclosure, Non-Solicitation and Non-Competition Agreement as part of the standard franchise agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the employee lives or works, You shall cause any person who is actively involved as a Key Employee, as defined in Section 12 of this Agreement, in the Franchised Business, at the time such person enters Your employment, to enter into a non-disclosure, non-solicitation and noncompetition agreement, in a form approved by Us or as We otherwise provide. You acknowledge and agree that any form of non-disclosure, non-solicitation and non-competition agreement is a form of agreement only and that it may or may not be enforceable in a particular jurisdiction. You agree that You are solely responsible for obtaining Your own professional advice with respect to the adequacy of the terms and provisions of any non-compete agreement You require Your employees, agents and independent contractors to sign.
You shall use Your best efforts to prevent any such persons from; (i) using, in connection with the operation of any competing business wherever located, any of the Licensed Rights; or (ii) from operating any competing business that looks like, copies or imitates any DryJect franchised business or operates in a manner tending to have such effect. If You have reason to believe that any such person has violated the provisions of the non-disclosure, non-solicitation and noncompetition agreement, You shall immediately notify Us and shall cooperate with Us to protect Us against infringement or other unlawful use of the Licensed Rights, including, but not limited to, the prosecution of any lawsuits if, in the judgment of Our counsel, such action is necessary and advisable.
The provisions of this Section shall survive any termination or expiration of this Agreement or any renewals thereof.
EXHIBIT E
NON-DISCLOSURE, NON-SOLICITATION AND NON-COMPETITION AGREEMENT
DRYJECT MANAGEMENT, LLC NON-DISCLOSURE, NON-SOLICITATION AND NON-COMPETITION AGREEMENT
EXHIBIT F
SPOUSAL NON-DISCLOSURE AND NON-COMPETITION AGREEMENT
SPOUSAL NON-DISCLOSURE AND NON-COMPETITION AGREEMENT
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
Yes, according to the 2025 Dryject Franchise Disclosure Document, the franchise agreement includes Non-Disclosure, Non-Solicitation, and Non-Competition Agreements. Dryject requires the franchisee to ensure that any key employee, as defined in Section 12 of the agreement, signs a non-disclosure, non-solicitation, and non-competition agreement when they are employed. The form of this agreement must be approved by Dryject. However, the enforceability of such agreements may vary by jurisdiction, and Dryject advises franchisees to seek professional advice on the adequacy of the terms.
The franchisee must make their best effort to prevent these employees from using the licensed rights in any competing business or operating a competing business that imitates a Dryject franchise. If a franchisee suspects a violation of these agreements, they must notify Dryject and cooperate in protecting the licensed rights, including potential lawsuits.
Additionally, the 2025 Dryject FDD includes Exhibit E, which is a sample Non-Disclosure, Non-Solicitation, and Non-Competition Agreement. There is also Exhibit F, which is a Spousal Non-Disclosure and Non-Competition Agreement. These agreements aim to protect Dryject's trade secrets and goodwill by preventing unauthorized use or disclosure of confidential information. The spousal agreement extends these protections to the spouse or domestic partner of the franchisee, acknowledging their potential access to Dryject's trade secrets.