After the Dryject franchise agreement terminates, what rights related to the Dryject brand must I cease using?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
py of this Agreement, any correspondence between You and Us and any other documents that You reasonably need to comply with a provision of applicable law;
- (v) To cease immediately to hold Yourself out in any way as Our franchisee or to do anything that would indicate any past or present relationship between You and Us;
- (vi) To the extent possible, to immediately remove or permanently cover any and all structures, signs or advertisements identifiable in any way with Us or the DryJect name or image;
- (vii) To promptly take such action that may be required to cancel all fictitious or assumed names or equivalent registrations relating to Your use of any of the Marks or, at Our option, assign same to Us;
- (viii) Promptly assign to Us any interest that You may have in the telephone number(s), telephone listing(s) and/or directory(ies), social media and networking accounts, and/or Internet numbers used by You in connection with the operation of the Franchised Business.
You shall promptly transfer all telephone calls by call-forwarding to Us or to such other party or entity as We shall direct; execute any such instruments and take such actions as We may deem necessary to effect such transfer and call-forwarding of telephone calls. You acknowledge that this Agreement shall be conclusive evidence of Our rights to such telephone numbers, telephone directory listings, social media and networking accounts and Internet numbers and Our authority to direct this transfer. You must complete and sign the Telephone Listing Agreement attached to this Agreement as Addendum G;
- (ix) Abide by all restrictive covenants set forth in Sections 25 through 27 of this Agreement;
- (x) Assign any and all accounts receivable to Us for collection. In connection therewith You hereby appoint Us as attorney-in-fact to engage in such collection activities following the termination or expiration of this Agreement and You specifically undertake to refrain from engaging in any such collection activities upon termination or expiration. We agree to employ good faith efforts, including, where appropriate in Our sole and exclusive judgment, the commencement of legal proceedings, to collect such accounts receivable. Nothing contained herein shall be construed or deemed to impose any duty or obligation upon Us to collect such accounts receivable and, if all or a portion of such accounts receivable are not collected by Us, You release and waive any claims thereto against Us. If We are successful in collecting all or a part of such accounts receivable, We shall remit to You such sums collected after first deducting any and all monies owed to Us; after deducting the pro rata cost of servicing the customer(s) with respect to whom the receivables were collected; and, after further deducting Our costs of collection; and,
- (xi) Immediately refrain from engaging in any and all contacts with customers or former customers of the Franchised Business, whether with respect to collection of accounts receivable, to provide services to such customers or former customers pursuant to any business conducted by You, whether or not similar to the Franchised Business, or for any other purpose whatsoever.
- (b) Upon termination or expiration of this Agreement, We shall have the option to purchase at fair market value all or part of Your equipment, inventory, signs, supplies and products used by You in the Franchised Business. Such option shall be exercised, if at all, in whole or in part, by Us upon or within fifteen (15) days of termination of this Agreement. It is expressly understood that this provision is an option that We may or may not exercise, and that We are under no obligation to do so. We shall have the right to set off all amounts due from You against any payment We would otherwise make to You under this Subsection.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, after the franchise agreement terminates, franchisees must adhere to several restrictions related to the Dryject brand. Specifically, franchisees must cease holding themselves out as a Dryject franchisee and avoid any actions that suggest a past or present relationship with Dryject.
Franchisees are obligated to remove or cover any structures, signs, or advertisements that are identifiable with Dryject's name or image. Additionally, they must take action to cancel any fictitious or assumed names related to the use of Dryject's marks or assign these names to Dryject at the franchisor's option. Franchisees must also assign any interest in telephone numbers, listings, social media accounts, and internet numbers used in connection with the franchise to Dryject and transfer all telephone calls to Dryject or another party designated by them.
Furthermore, all customer lists and their contents relating to the Franchised Business are owned by Dryject, constitute confidential information and are Dryject's proprietary property. Franchisees shall not use the customer lists for any purpose whatsoever other than in the normal conduct of the Franchised Business prior to any default under this Agreement, or termination or expiration of this Agreement and for no other purpose. Any attempt by a franchisee to offer similar services or products to Dryject's customers or prospective customers after the agreement terminates is a violation of Dryject's rights. Dryject is entitled to a preliminary or permanent injunction or other equitable relief to restrain such actions, and to recover damages equal to the amount of profits received by the franchisee from any such action in violation of Dryject's rights.