What release must a Dryject franchisee execute when transferring?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
We must be provided all information about the proposed transferee as We may reasonably require;
(vi) We shall have the right to approve the material terms and conditions of the transfer, including, without limitation, the right to confirm that the price and terms of payment are not so burdensome as to affect adversely the transferee's operation of the Franchised Business;
(vii) The proposed transferee executes or, in appropriate circumstances, causes all necessary parties to execute Our then-current standard form of franchise agreement (provided that such execution will not serve to extend the then remaining Term of the franchise) and such other then-current ancillary agreements being required by Us of new franchisees on the date of transfer;
(viii) You, except to the extent prohibited by applicable law, have executed a general release of any and all claims against Us and Our subsidiaries and affiliates, and Our respective officers, directors, agents and employees;
(ix) You have paid to Us a non-refundable Transfer Fee equal to forty percent (40%) of the then-current Initial Franchise Fee being charged to new franchisees to cover Our reasonable costs in effecting the transfer;
(x) If You are providing financing to the proposed transferee for any part of the purchase price, You have agreed that all of the proposed transferee's obligations under promissory notes, agreements or security interests reserved in the Franchised Business are subordinate to the proposed transferee's obligation to pay fees and other amounts due to Us and otherwise to comply with the franchise agreement; and,
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, a franchisee, except to the extent prohibited by applicable law, must execute a general release of any and all claims against Dryject and its subsidiaries and affiliates, including their respective officers, directors, agents, and employees as a condition of transfer. This release covers any potential legal issues or disputes that may have arisen during the franchisee's tenure.
However, the FDD also includes addenda for specific states that modify this requirement. For instance, the Indiana addendum states that any provision requiring an Indiana franchisee to sign a general release of claims as a condition of transfer is void under Indiana law. This means that if a Dryject franchise is located in Indiana, the franchisee would not be required to sign a general release as a condition of transferring the franchise.
Furthermore, the FDD states that any release signed as a condition of transfer will not apply to any claims a franchisee may have under the Minnesota Franchise Act. This provides additional protection for franchisees in Minnesota, ensuring that their rights under the state's franchise laws are not waived by signing a general release during the transfer process. Therefore, prospective franchisees should be aware of the specific state laws and addenda that may affect the requirement to sign a general release when transferring their Dryject franchise.