What happens if a claim arises subsequent to the termination or expiration of the Dryject franchise agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
nd 5, which require, except in certain specified cases, that Franchise Owner 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 the transfer of the franchise will not be unreasonably withheld.
- Marks. Section 19 of the Agreement entitled "Marks" shall be supplemented by the addition of the following language:
"DryJect will protect Franchise Owner's right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify Franchise Owner from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name."
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject will protect the Franchise Owner's right to use their trademarks, service marks, trade names, logotypes, or other commercial symbols. Dryject will also indemnify the Franchise Owner from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name.
For franchisees operating in Minnesota, there are specific protections in place regarding claims. Any release signed as a condition of renewal or transfer will not apply to any claims the franchisee may have under the Minnesota Franchise Act. Additionally, Minnesota law dictates that any action must commence within three years after the cause of action accrues, setting a limitation on claims.
These clauses ensure that even after the franchise agreement terminates or expires, Dryject franchisees have some protection regarding the use of Dryject's intellectual property and avenues for recourse, particularly in states like Minnesota with specific franchise laws. However, it's important for prospective franchisees to understand the limitations and conditions, such as the three-year limitation on claims in Minnesota, and to seek legal counsel to fully understand their rights and obligations.