What is the purpose of the non-disclosure, non-solicitation, and non-competition agreement required by Dryject?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the employee lives or works, You shall cause any person who is actively involved as a Key Employee, as defined in Section 12 of this Agreement, in the Franchised Business, at the time such person enters Your employment, to enter into a non-disclosure, non-solicitation and noncompetition agreement, in a form approved by Us or as We otherwise provide. You acknowledge and agree that any form of non-disclosure, non-solicitation and non-competition agreement is a form of agreement only and that it may or may not be enforceable in a particular jurisdiction. You agree that You are solely responsible for obtaining Your own professional advice with respect to the adequacy of the terms and provisions of any non-compete agreement You require Your employees, agents and independent contractors to sign.
You shall use Your best efforts to prevent any such persons from; (i) using, in connection with the operation of any competing business wherever located, any of the Licensed Rights; or (ii) from operating any competing business that looks like, copies or imitates any DryJect franchised business or operates in a manner tending to have such effect. If You have reason to believe that any such person has violated the provisions of the non-disclosure, non-solicitation and noncompetition agreement, You shall immediately notify Us and shall cooperate with Us to protect Us against infringement or other unlawful use of the Licensed Rights, including, but not limited to, the prosecution of any lawsuits if, in the judgment of Our counsel, such action is necessary and advisable.
The provisions of this Section shall survive any termination or expiration of this Agreement or any renewals thereof.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the non-disclosure, non-solicitation, and non-competition agreements are in place to protect the Dryject system's goodwill, unique qualities, and the confidentiality and value of Dryject's trade secrets. These agreements are required for anyone actively involved as a Key Employee in the Franchised Business.
The franchisee must ensure that any person actively involved as a Key Employee in the Dryject business signs a non-disclosure, non-solicitation, and non-competition agreement. The franchisee is responsible for seeking professional advice to ensure the agreement's terms are adequate and enforceable in their specific jurisdiction, as enforceability can vary by location.
These agreements aim to prevent individuals from using Dryject's licensed rights in connection with any competing business or operating a competing business that imitates a Dryject franchise. If a franchisee suspects a violation of the agreement, they must notify Dryject and cooperate in protecting Dryject's rights, including participating in lawsuits if necessary. These provisions remain in effect even after the termination or expiration of the Franchise Agreement.