factual

What kind of activities that negatively affect the Dryject brand could lead to a breach of the franchise agreement?

Dryject Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 8: BUSINESS RELATIONSHIP]

  • (a) Directly or indirectly, for himself or through, on behalf of or in conjunction with any person, partnership or business entity, engage in or acquire any financial or beneficial interest in (including interest in business entities, partnerships, trusts, unincorporated associations or joint ventures), advise, help or make loans to any entity involved in business which is the same as or similar to that conducted by DRYJECT which Business is, or is intended to be located, within the United States; or

  • (b) Divert or attempt to divert, directly or indirectly, any business, business opportunity or customer of Franchisee's Business(s) to any competitor.

Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the Trainee lives or works, in further consideration for the disclosure to Trainee of Franchisor's Trade Secrets and to protect the uniqueness of DRYJECT SYSTEM, Trainee agrees that for two (2) years following the termination of Trainee's employment with Franchisee, Trainee will not without the prior written consent of Franchisor, divert or attempt to divert, directly or indirectly, any business, business opportunity or customer of Franchisee's Franchised Business(s) to any competitor.

Franchisee undertakes to use Franchisee's best efforts to ensure that Trainee acts as required by this Agreement.

Trainee agrees that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law.

Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions thereof, Franchisor shall be entitled to enforce the provisions of this Agreement against Franchisee and Trainee, and may seek, in addition to any other remedies which are made available to it at law or in equity, including the right to terminate the Franchise Agreement, a temporary and /or permanent injunction and a decree for the specific performance of the terms of this Agreement, without being required to furnish a bond or other security.


[Item 8: BUSINESS RELATIONSHIP]

WHEREAS, DRYJECT SYSTEM includes but is not limited to certain trade names, trademarks, trade dress and logos including, but not limited to, the mark "DryJect"® , service marks, trade symbols, trade dress, signs, slogans, associated logos, designs, emblems, URLs, domain names, Website addresses, email addresses, digital cellular addresses, wireless Web addresses and the like and copyrights and such other trade names and trademarks as Franchisor may develop in the future for the purposes of identifying DRYJECT SYSTEM, and such other distinguishing characteristics of DRYJECT SYSTEM including, without limitation, distinctive sales and marketing procedures; knowledge and procedures for providing natural grass aeration services; management and financial control methods; and training and assistance, all of which may be changed, improved and further developed by Franchisor from time to time ("Trade Secrets");

WHEREAS, Franchisor's Trade Secrets provide economic advantages to Franchisor and are not generally known to or readily ascertainable by proper means by Franchisor's competitors who could obtain economic value from knowledge and use of Franchisor's Trade Secrets;

WHEREAS, Franchisor has taken and intends to take all reasonable steps to maintain the confidentiality and secrecy of Franchisor's Trade Secrets;

WHEREAS, Franchisor and Franchisee desire to enter into a Franchise Agreement which will grant Franchisee a limited right to operate a Franchised Business within a territory using DRYJECT SYSTEM and Franchisor's Trade Secrets for a period defined in the Franchise Agreement ("Franchise Agreement");

WHEREAS, Franchisor and Franchisee have agreed in the Franchise Agreement on the importance to Franchisor and to Franchisee and other licensed users of DRYJECT SYSTEM of restricting use, access and dissemination of Franchisor's Trade Secrets; and

WHEREAS, it is anticipated that Signer may have access to learn Franchisor's Trade Secrets as Franchisee develops and maintains Franchisee's Business using DRYJECT SYSTEM.

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:


[Item 8: BUSINESS RELATIONSHIP]

Any digital or electronic content You publish must comply with Our brand communication standards and is subject to Our approval.

We have the final decision concerning all information and functionality that appears on the DryJect Internet Website and will update or modify the DryJect Internet Website according to a schedule that we determine.

By posting or submitting to us information or materials for the DryJect Internet Website, you are representing to us that the information and materials are accurate and not misleading and do not infringe any third party's rights.

You must notify us whenever any information about you or the Franchise Business on the DryJect Internet Website changes or is not accurate.

All digital imagery bearing the Marks are subject to Our approval.

Due to the speed of electronic communication, You must respond to all instructions by Us which are deemed to restrict, designate or control internet or e-commerce activities within twenty-four (24) hours.

We also reserve the right to restrict, designate and to approve or control any existing or future (not yet developed) Fan Page or other advertising or social networking services of the Franchised Business, including the sending of bulk e-mail, except as are in accordance with the guidelines in the Operations Manual or otherwise as We may specify in writing.

We require administrator privileges, at all times, to all Your software, electronic mail, social media, marketing platforms, digital marketing and all e-commerce activities.

  • (o) You shall not make any material replacements or alterations to any equipment, techniques, signs or the System of the Franchised Business without Our prior written approval.

Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)

What This Means (2025 FDD)

According to the 2025 Dryject FDD, several actions could lead to a breach of the franchise agreement. These include direct or indirect involvement in a business that competes with Dryject within the United States, or diverting or attempting to divert business opportunities or customers to a competitor. These restrictions apply not only to the franchisee but also extend to the franchisee's employees or trainees.

Dryject emphasizes the protection of its trade secrets, which include trade names, trademarks like "DryJect"®, service marks, trade dress, logos, slogans, and distinctive sales and marketing procedures. The franchise agreement grants the franchisee a limited right to operate using the Dryject system and trade secrets, highlighting the importance of restricting their use, access, and dissemination. This underscores the need for franchisees and their trainees to maintain the confidentiality of Dryject's proprietary information.

Furthermore, any digital or electronic content published by the franchisee must comply with Dryject's brand communication standards and is subject to their approval. Dryject retains final decision-making authority over the content and functionality of the Dryject Internet Website and can update or modify it as they see fit. Franchisees must also promptly notify Dryject of any changes or inaccuracies in the information about them or their franchise business on the Dryject Internet Website. Franchisees must adhere to Dryject's standards and obtain prior written approval for any material replacements or alterations to equipment, techniques, signs, or the Dryject system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.