What is the Dryject franchisee's obligation regarding advertising under the Licensed Rights?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) In order to protect the Licensed Rights and associated goodwill, You shall:
- (i) Operate under the name DryJect and advertise only under the Licensed Rights designated by Us, and use such rights without prefix or suffix, except where such use may conflict with a prior registration or use, in which event You shall operate and advertise only under such other names as We have previously approved in writing;
- (ii) Feature and use the Licensed Rights solely in the manner We prescribe; and,
(iii) Observe such reasonable requirements with respect to the Marks and fictitious name registrations and copyright notices as We may direct in writing.
(d) Except when advertising cooperatively with other franchisees or with Us, You are prohibited from advertising outside Your Designated Territory. Unless granted specific written permission to the contrary, Your local advertising activity is limited to direct mail, print and broadcast media, speaking engagements, networking events and all other types of activity designed to encourage and solicit business only within Your Designated Territory. If Your Designated Territory lies within an Area of Dominant Influence (ADI) of media sources located outside of Your Designated Territory, and if other franchisee- or Franchisor- or affiliate-owned units lie within the same ADI, then We reserve the right to require You and other franchisees to cooperate and participate in advertising through that media source on a cooperative basis.
(e) We reserve the right to require You to cooperate and participate in certain special promotional events or campaigns that may from time to time be sponsored by Us, other franchisees, or both.
(f) We may develop and provide creative materials for local and regional advertising and make them available to You for publication or distribution in Your market area at Your own expense. We may provide specific guidelines for advertising initiated by Our franchisees and We reserve the right to disapprove advertising, that in Our sole judgment, is not in accordance with Our guidelines.
(g) Immediately upon notification, You shall discontinue any advertising that would, in Our sole opinion, be detrimental to the DryJect System, Marks, Us, Our affiliates or other franchisees. You Any digital or electronic content You publish must comply with Our brand communication standards and is subject to Our approval. We require administrator privileges, at all times, to all Your software, electronic mail, social media, marketing platforms, digital marketing and all e-commerce activities.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, franchisees must operate and advertise under the Licensed Rights designated by Dryject, using these rights without any prefixes or suffixes unless such use conflicts with prior registrations or uses. In such cases, the franchisee must operate and advertise under names previously approved in writing by Dryject. Franchisees are also required to feature and use the Licensed Rights solely in the manner prescribed by Dryject and observe reasonable requirements regarding the Marks, fictitious name registrations, and copyright notices as directed in writing by Dryject.
Unless advertising cooperatively with other franchisees or Dryject, franchisees are generally prohibited from advertising outside their Designated Territory. Local advertising is typically limited to activities within the Designated Territory, such as direct mail, print and broadcast media, speaking engagements, and networking events. However, if the Designated Territory falls within the Area of Dominant Influence (ADI) of media sources outside the territory and other franchisee- or franchisor-owned units are within the same ADI, Dryject reserves the right to require cooperative advertising through that media source.
Dryject also reserves the right to require franchisees to participate in special promotional events or campaigns sponsored by Dryject, other franchisees, or both. Dryject may develop and provide creative materials for local and regional advertising, making them available to franchisees at their own expense, and may provide specific advertising guidelines, reserving the right to disapprove advertising that does not comply with these guidelines. Franchisees must immediately discontinue any advertising that Dryject deems detrimental to the DryJect System, Marks, Dryject, its affiliates, or other franchisees.
Furthermore, any digital or electronic content published by the franchisee must comply with Dryject's brand communication standards and is subject to Dryject's approval. Dryject maintains final decision-making authority over all information and functionality on the DryJect Internet Website and will update or modify it according to its own schedule. Franchisees must also grant Dryject administrator privileges to all software, electronic mail, social media, marketing platforms, digital marketing, and e-commerce activities.