If Dryject makes decisions using Reasonable Business Judgment, will those decisions affect all franchisees equally?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) Whenever We reserve or are deemed to have reserved discretion in a particular area or where We agree or are deemed to be required to exercise Our rights reasonably or in good faith, We will satisfy Our obligations whenever We exercise Reasonable Business Judgment in making Our decision or exercising Our rights. Our decisions or actions will be deemed to be the result of Reasonable Business Judgment, even if other reasonable or even arguably preferable alternatives are available, if Our decision or action is intended, in whole or significant part, to promote or benefit the System generally even if the decision or action also promotes Our financial or other individual interest. Examples of items that will promote or benefit the System include without limitation enhancing the value of the Marks, improving customer service and satisfaction, improving service or product quality, improving uniformity, enhancing or encouraging modernization and improving the competitive position of the System. We are not required to consider any of Your or any other franchisee's particular economic or other circumstances when exercising Our Reasonable Business Judgment. Decisions that We make using Our Reasonable Business Judgment will not affect all franchisees equally, and some may be benefited while others are not. Neither You nor any third party (including without limitation an arbitrator or a court of competent jurisdiction), shall substitute its judgment for Our Reasonable Business Judgment.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Dryject's decisions made using Reasonable Business Judgment will not necessarily affect all franchisees equally. The document states that some franchisees may benefit while others may not. Dryject is not required to consider any franchisee's particular economic or other circumstances when exercising its Reasonable Business Judgment.
Dryject's decisions will be considered the result of Reasonable Business Judgment if the decision or action is intended to promote or benefit the Dryject system generally, even if the decision or action also promotes Dryject's financial or other individual interests. Examples of items that will promote or benefit the system include enhancing the value of the marks, improving customer service and satisfaction, improving service or product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the system.
The FDD emphasizes that neither a franchisee nor any third party, including an arbitrator or court, can substitute their judgment for Dryject's Reasonable Business Judgment. This clause indicates that Dryject retains significant decision-making power, and franchisees have limited recourse to challenge those decisions as long as they are made with Reasonable Business Judgment.