If Dryject imposes new requirements, can these unreasonably increase the franchisee's obligations?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) You shall operate the Franchised Business in accordance with Our Operations Manual, a copy of which You acknowledge having received on loan from Us, for the Term of this Agreement, and shall not make or allow unauthorized disclosures of the contents of the Operations Manual to any outside parties. You understand and acknowledge that We may revise the content of the Operations Manual, and You expressly agree to comply with each changed requirement within such reasonable time as We may require. Any new or different requirements imposed will not unreasonably increase Your obligations or place an excessive economic burden on Your operations, or otherwise alter Your fundamental status, rights or obligations under this Agreement. You shall at all times ensure that Your copy of the Operations Manual, and any other manuals loaned to You are kept current and up-to-date and, in the event of any dispute as to their contents, the terms of the master copies maintained by Us at Our principal place of business shall be controlling. The entire contents of the Operations Manual are and will remain confidential and Our property.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Dryject may revise the content of its Operations Manual, and franchisees must comply with each changed requirement within a reasonable time frame. However, any new or different requirements imposed by Dryject cannot unreasonably increase the franchisee's obligations, place an excessive economic burden on their operations, or otherwise alter their fundamental status, rights, or obligations under the Franchise Agreement. This clause aims to protect franchisees from potentially unfair or overly burdensome changes implemented by Dryject.
This provision offers some assurance to prospective Dryject franchisees that changes to the Operations Manual will not be arbitrary or financially crippling. It suggests that Dryject is aware of the need to balance operational updates with the franchisees' ability to implement them without undue hardship. The inclusion of this clause may provide a level of comfort, knowing that there are limits to the changes Dryject can impose.
However, the terms "unreasonably increase Your obligations" and "excessive economic burden" are subjective and could be open to interpretation. A potential franchisee should seek clarity from Dryject regarding specific examples of changes that would be considered unreasonable or excessively burdensome. Understanding Dryject's interpretation of these terms is crucial for assessing the potential impact of future operational changes on the franchisee's business.