What is the franchisee's obligation to ensure the Signer complies with the Dryject agreement?

According to Dryject's 2025 Franchise Disclosure Document, the franchisee is obligated to use their best efforts to ensure that the Signer acts as required by the agreement. This obligation is outlined within the context of protecting Dryject's goodwill, unique qualities, and the confidentiality and value of its trade secrets. The agreement emphasizes the importance of restricting the use, access, and dissemination of Dryject's trade secrets, which are crucial for the operation of the franchised business.

The agreement specifies that the Signer must receive Dryject's trade secrets in confidence, maintain them in confidence, and use them only in connection with the development or maintenance of the franchised business. The Signer is also prohibited from making copies of documents containing Dryject's trade secrets without express written permission from Dryject and from disclosing these trade secrets to anyone. Furthermore, the Signer cannot engage in any act that would be injurious or prejudicial to the goodwill associated with the Dryject system.

To protect Dryject's interests, the Signer agrees not to engage in any business that is the same as or similar to Dryject within the United States during the time the franchisee is a franchisee and for two years following the termination or expiration of the Franchise Agreement. In the event of a breach of the agreement, Dryject is entitled to enforce the provisions against both the franchisee and the Signer, seeking remedies such as injunctions and specific performance, and potentially terminating the Franchise Agreement. This underscores the importance of the franchisee's role in ensuring the Signer's compliance to safeguard Dryject's trade secrets and business interests.