If Dryject decides to use substitute trademarks, who is responsible for costs associated with the modification or discontinuance of the marks?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) If it becomes advisable at any time in Our sole discretion for Us and/or You to modify or discontinue use of the Marks, and/or use one or more additional or substitute trade names, trademarks, service marks, trade dress, trade symbols, signs, slogans, associated logos, designs, emblems, e-marks, copyrights or other commercial symbols, You agree to comply with Our directions within a reasonable time after notice to You. We shall have no liability or obligation whatsoever with respect to Your modification or discontinuance of the Marks. You are responsible for the tangible costs for modifying or changing the Marks, including but not limited to changing signs and advertising materials. You agree that such modification or change of Marks will be completed by You within a reasonable period of time after notification by Us.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, if Dryject decides to modify or discontinue the use of its marks, the franchisee is responsible for the tangible costs associated with these changes. This includes expenses related to modifying or changing the marks, such as updating signs and advertising materials. Dryject will provide directions to the franchisee, who must comply within a reasonable time frame after receiving notice.
This means that while Dryject has the sole discretion to make these changes, franchisees bear the financial burden of implementing them. This is a potentially significant cost that a prospective franchisee should consider, as rebranding or changes to trademarks can be expensive. Franchisees need to factor in expenses for new signage, marketing collateral, and potentially uniforms or equipment that display the brand's marks.
It is important for potential Dryject franchisees to understand that Dryject assumes no liability or obligation for these modification or discontinuance costs. The franchisee is solely responsible for these expenses. This arrangement is not uncommon in franchising, as franchisors need the flexibility to update their brand, but it does place a financial risk on the franchisee. A prospective franchisee should clarify what constitutes a 'reasonable time' for compliance and try to estimate potential costs for these changes to better assess the financial implications.