Can a Dryject franchisee modify the non-disclosure, non-solicitation, and non-competition agreements for Key Employees?
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, every Key Employee must sign a non-disclosure, non-solicitation and non-competition agreement in a form approved by Us or as We otherwise provide. You must provide a copy of each Key Employee's signed non-disclosure, non-solicitation and non-competition agreement to Us prior to such Key Employee beginning Our Initial Training Program and prior to Your disclosing Our Confidential Information to such Key Employee.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees are generally required to have their Key Employees sign non-disclosure, non-solicitation, and non-competition agreements. However, the specific form of these agreements must be approved by Dryject. The FDD states that the agreement must be in a form approved by Dryject or as Dryject otherwise provides.
This means a Dryject franchisee cannot unilaterally modify the agreement. The franchisee is responsible for securing professional advice to ensure the agreement's terms are adequate and enforceable in their specific jurisdiction. The enforceability of these agreements can vary by state, and the franchisee bears the responsibility of understanding local laws.
Dryject retains control over the agreement's form to protect its confidential information, system standards, and licensed rights. If a franchisee believes a Key Employee has violated the agreement, they must notify Dryject and cooperate in protecting Dryject's interests, including potential legal action. This ensures consistency and protects the Dryject system across all franchise locations.