What is the Dryject franchisee's remedy if an injunction is entered against them?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
DRYJECT MANAGEMENT, LLC will protect your right to use the DryJect® Mark and Trade Name or will indemnify you against any loss, costs, or expenses arising out of any claim, suit, or demand regarding your use of the Marks or Trade Name.
- Item 17, summary column for (c) is amended to add the following:
Any release signed as a condition of renewal will not apply to any claims you may have under the Minnesota Franchise Act.
- Item 17, summary column for (f) is amended to add the following:
With respect to franchises governed by Minnesota law, we will comply with Minn. Stat. Sec. 80C.14, subds. 3, 4 and 5 which require, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal of the franchise agreement and that consent to transfer of the franchise will not be unreasonably withheld.
- Item 17, summary column for (m) is amended to add the following:
Any release signed as a condition of transfer will not apply to any claims you may have under the Minnesota Franchise Act.
- Item 17, summary columns for (v) and (w) are amended to add the following:
Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in this Disclosure Document or agreement can abrogate or reduce any of your rights as provided for in Minnesota Statues, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Minn. Stat. 80C.17, subdivision 5 prohibits any action commencing section more than three years after the cause of action accrues.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, Minnesota franchisees have specific protections regarding legal proceedings. Dryject is prohibited from requiring litigation to occur outside of Minnesota, enforcing jury trial waivers, or mandating consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the franchise agreement cannot diminish a franchisee's rights under Minnesota Statutes, Chapter 80C, or their access to procedures, forums, or remedies provided by the laws of the jurisdiction. This ensures Minnesota Dryject franchisees retain their legal rights and protections within their home state.
For Dryject franchisees operating outside of Minnesota, the FDD states that Dryject will protect the franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols. Dryject will also indemnify the franchisee from any losses, costs, or expenses arising from claims, suits, or demands related to the use of the Dryject name. This indicates that Dryject provides a degree of legal and financial protection to all franchisees, regardless of location, concerning intellectual property disputes.
However, the FDD does not explicitly detail the remedies available to a Dryject franchisee if an injunction is entered against them. While it outlines Dryject's responsibility to protect and indemnify franchisees regarding trademark and trade name usage, it does not specify the course of action or compensation a franchisee might receive if they are subject to an injunction. A prospective franchisee should seek clarification from Dryject regarding specific remedies or support mechanisms in the event of an injunction, as this is not fully addressed in the provided documentation.