Is the Dryject Marketing Fund considered a trust?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iii) We will maintain separate bookkeeping accounts for the Marketing Fund and may, but will not be required to cause Marketing Fund contributions to be deposited into one or more separate bank accounts. The Marketing Fund is not a trust, and We are not a fiduciary or trustee of the Marketing Fund or the monies in the Marketing Fund. However, We may, in Our discretion, separately incorporate the Marketing Fund or create a Marketing Fund trust, over which We may be the trustee, into which Marketing Fund contributions may be deposited.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the Marketing Fund is not considered a trust. Dryject states that while they will maintain separate bookkeeping accounts for the Marketing Fund and may deposit contributions into separate bank accounts, they are not required to do so.
Dryject explicitly states that the Marketing Fund is not a trust and that they are not a fiduciary or trustee of the fund or the monies within it. However, Dryject retains the right to separately incorporate the Marketing Fund or create a Marketing Fund trust in the future, over which they may act as the trustee.
This means that currently, Dryject has significant discretion over how the Marketing Fund is managed and spent, without the legal obligations of a trustee. However, this could change if Dryject decides to establish a formal trust structure in the future.