What is the Dryject franchisee's obligation to provide proof of cure for a material breach?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, if Dryject alleges that a franchisee has committed a material breach of the franchise agreement, the franchisee has the opportunity to cure the default. To do so, the franchisee must provide proof of the cure to Dryject within fifteen days after receiving written notice of the material breach.
However, if the breach is of a nature that it cannot reasonably be cured within the initial fifteen-day period, and the franchisee has started and continues to make good faith efforts to cure the breach, Dryject will grant an additional reasonable period of time to complete the cure. In this case, the franchise agreement will not be terminated during this extended cure period.
If the franchisee fails to cure the default within the specified time frame (either the initial fifteen days or the extended reasonable period), the franchise agreement will terminate immediately without any further notice. This highlights the importance of franchisees acting promptly and diligently to address any alleged breaches to avoid termination of their franchise agreement.