If the franchisee is an individual, who will be their designated representative in dispute resolution for a Dryject franchise?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) We and You agree that it is in each of our best interests to resolve claims, controversies and disputes arising out of or relating to Your operation of the Franchised Business under this Agreement between us in an orderly fashion and in a consistent manner. For that reason, We and You agree as follows:
- (i) Except for matters where either party seeks equitable relief, neither party will seek a judicial resolution of a dispute between them without first requesting a meeting or telephone conference with the other party by written notice, which notice will designate a party who is a senior executive with authority to reach a resolution of the dispute on their behalf. The party receiving the notice will also designate a representative of similar authority for the purpose of discussing the specific matter in dispute. If You are an individual, You will be Your designated representative. At least one meeting or telephone
conference of the designated representatives will be held in an effort to resolve the dispute. The parties will agree on a location, date and time for the meeting or telephone conference which must be within thirty (30) days of the initial notice. If the meeting(s) and/or telephone conferences do not resolve the dispute, either party may pursue mediation in accordance with Subsection 37(a)(ii).
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, if a franchisee is an individual, they will act as their own designated representative during the initial dispute resolution process. This process involves attempting to resolve disputes through meetings or telephone conferences with Dryject's designated senior executive.
Specifically, before seeking judicial resolution, both Dryject and the franchisee must first request a meeting or telephone conference. This notice must designate a senior executive with the authority to resolve the dispute on Dryject's behalf, while the individual franchisee will represent themselves. The purpose of this meeting or conference is to try and resolve the dispute amicably.
This initial step is mandatory, except in cases where either party seeks equitable relief. Only after this attempt at resolution can either party proceed to mediation or, if mediation is waived, directly to arbitration. This requirement emphasizes the importance Dryject places on attempting to resolve disputes directly and personally before resorting to more formal and potentially costly methods.