Who owns the innovations developed by a Dryject franchisee?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
t protectable intellectual property, and whether created by or for You or Your Owners or employees. All Innovations will
be deemed Our sole and exclusive property and works made-for-hire for Us. We have the right to incorporate Innovations into the System and may use them and may authorize You and others to use them in the operation of DryJect businesses. Innovations will then also constitute Confidential Information. We will disclose to You Innovations that are made a part of the System in this manner. To the extent any Innovation does not qualify as a work made-for-hire for Us, by this paragraph You assign ownership of that Innovation, and all intellectual property and other rights to the Innovation, to Us and agree to sign and deliver such instruments and documents, provide such assistance and perform such other acts as We periodically designate in order for Us or Our designee to obtain exclusive rights in such Innovations. We will have no obligation to make any lump sum or other payments to You or any other person with respect to any such Innovations. You will not use, nor will You allow any other person to use, any such Innovations, whether in connection with the Franchised Business or otherwise, without obtaining Our prior written approval. You also agree that if You shall develop any new trademarks, service marks, trade names and trade symbols, trade dress, signs, slogans, associated logos, designs, e-marks, copyrights, emblems, patents, formulas, concepts, processes or improvements in the operation or promotion of the Franchised Business, We will immediately become sole owner and licensor.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, any innovations a franchisee develops related to the Dryject system become the sole and exclusive property of the franchisor. These innovations are considered "works made-for-hire" for Dryject. This means Dryject has the right to incorporate these innovations into the Dryject system and allow franchisees and others to use them. These innovations also become classified as confidential information.
If an innovation does not legally qualify as a work made-for-hire, the franchisee must assign ownership and all intellectual property rights to Dryject. The franchisee also agrees to sign documents and provide assistance to ensure Dryject obtains exclusive rights to these innovations. Dryject is not obligated to provide any payment or compensation to the franchisee for these innovations.
Furthermore, if a Dryject franchisee develops any new trademarks, service marks, trade names, trade symbols, trade dress, signs, slogans, associated logos, designs, e-marks, copyrights, emblems, patents, formulas, concepts, processes, or improvements in the operation or promotion of the franchised business, Dryject immediately becomes the sole owner and licensor. The franchisee cannot use any innovations without Dryject's prior written approval. This clause ensures that Dryject maintains control over all aspects of its brand and system, even those developed by franchisees.