Can the Dryject franchise agreement be terminated without notice for certain breaches?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) You acknowledge that the strict performance of all the terms of this Agreement is necessary not only for Our protection, but also for the protection of You and Our other franchisees.
As a result, You acknowledge and agree that the occurrence of any of the following events, each or any of which shall be considered a Material Breach default of this Agreement, constitutes reasonable grounds for termination of this Franchise Agreement by Us; provided, however that You shall be given the opportunity, within fifteen (15) days after receipt of written notice of such Material Breach, to cure the default by promptly providing proof of cure to Us.
Notwithstanding the foregoing, if the breach is curable but is of a nature which cannot reasonably be cured within such fifteen (15) day period and You have commenced and are continuing to make good faith efforts to cure the breach, You shall be given an additional reasonable period of time to cure the default, and this Agreement shall not terminate.
If any such default is not cured within the time as specified by Us, this Agreement shall terminate effective immediately without further notice to You.
You shall be in default under this Agreement for failure to comply with any of the requirements imposed by the Agreement, or for failure to carry out the terms of this Agreement in good faith.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, the franchise agreement can be terminated immediately without notice if certain material breaches are not cured within a specified time frame. Dryject will provide written notice of the material breach, and the franchisee typically has 15 days to provide proof of cure. However, if the breach cannot reasonably be cured within 15 days, and the franchisee is making good faith efforts to cure it, Dryject may grant an additional reasonable period to resolve the issue. If the default remains uncured after the allotted time, the agreement terminates immediately without further notice.
These defaults for Dryject include failure to comply with any requirements or terms of the agreement in good faith. The FDD also includes state-specific riders that may modify the termination clauses. For example, Minnesota law requires Dryject to provide 90 days' notice of termination (with 60 days to cure) in certain cases. Similarly, the Wisconsin Fair Dealership Law generally grants franchisees 90 days' prior written notice of termination and 60 days to remedy any claimed deficiencies, superseding any inconsistent termination provisions in the agreement.
This immediate termination clause highlights the importance of strict compliance with the franchise agreement. A prospective Dryject franchisee should carefully review the termination section and any applicable state-specific riders to understand the conditions that could lead to termination without notice. It is also important to understand what constitutes a 'material breach' and what steps are required to demonstrate 'good faith efforts' to cure a breach. Franchisees should also be aware of their rights under state laws, which may provide additional protections against termination.