What remedies are available to Dryject in the event of a breach of the agreement by the Signer?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Signer 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 Signer, 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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, if the Signer breaches the agreement, Dryject would be irreparably injured and lack an adequate remedy at law. In such cases, or in the event of a threatened or attempted breach, Dryject can enforce the agreement against both the franchisee and the Signer.
Dryject may seek a temporary and/or permanent injunction and a decree for specific performance of the agreement terms. This can be pursued in addition to any other remedies available at law or in equity, including the right to terminate the Franchise Agreement. Dryject is not required to furnish a bond or other security to pursue these remedies.
It is important to note that Minnesota law includes certain stipulations regarding remedies. Specifically, Dryject cannot require a franchisee to waive their rights to a jury trial or to consent to liquidated damages, termination penalties, or judgment notes. While Dryject may seek injunctive relief, franchisees cannot be forced to consent to it.