If the DryJect franchisee is a business entity, what representation must be made regarding the ownership interests?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
ill actively and substantially participate personally in the beneficial ownership and management of the DryJect Franchised Business.
- (b) In the event You are a business entity (including but not limited to a corporation, a limited liability corporation, a partnership, a limited liability partnership, a trust), in addition to being newly formed, You must complete and sign the Principal Owner's Statement attached to this Agreement as Addendum D and each individual with an ownership interest in You must also sign Addendum D. Further, You represent, warrant and covenant that:
- (i) You are newly formed and duly organized and validly exist under the laws of the state in which You were formed;
- (ii) You are duly qualified and are authorized to do business in each jurisdiction in which Your business activities or the nature of the properties owned by You require such qualification;
- (iii) The execution of and transactions contemplated by this Agreement are within Your powers;
- (iv) The ownership interests in You are accurately and fully listed in Addendum D;
- (v) Each and every person with a twenty percent (20%) or greater ownership interest in You shall sign the Guaranty Agreement attached to this Agreement as Addendum C and You shall provide the original signed Guaranty Agreement to Us;
- (vi) Each of Your shareholders/members shall execute and deliver the Confidentiality and Non-Competition Agreement set forth in the Operations Manual and You shall provide a copy to Us;
- (vii) The stated purpose of the business entity shall consist only of the development, ownership, operation and maintenance of the DryJect Franchised Business;
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to DryJect's 2025 Franchise Disclosure Document, if the franchisee is a business entity, they must complete and sign the Principal Owner's Statement (Addendum D) and ensure each individual with an ownership interest also signs it. The franchisee must represent that the ownership interests in the entity are accurately and fully listed in Addendum D.
Furthermore, any person with a 20% or greater ownership interest must sign the Guaranty Agreement (Addendum C), providing the original signed agreement to DryJect. All shareholders or members must execute and deliver the Confidentiality and Non-Competition Agreement as outlined in the Operations Manual, and a copy must be provided to DryJect.
DryJect also requires that the stated purpose of the business entity is solely for the development, ownership, operation, and maintenance of the DryJect franchise. The franchisee cannot issue additional stock, membership, or interests, and no individual with ownership can transfer, assign, or pledge their ownership without DryJect's prior written consent. This restriction on transfers must be included in the business entity's organizational documents.