What remedy does the franchisor have in the event of a breach of the agreement by the trainee regarding Dryject?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
ert or attempt to divert, directly or indirectly, any business, business opportunity or customer of Franchisee's Franchised Business(s) to any competitor.
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- Franchisee undertakes to use Franchisee's best efforts to ensure that Trainee acts as required by this Agreement.
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- Trainee 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 Trainee, 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.
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Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, in the event of a breach of the agreement by the trainee, Dryject states it would be irreparably injured and without an adequate remedy at law. Therefore, Dryject is entitled to enforce the provisions of the agreement against the franchisee and trainee.
Dryject may seek a temporary and/or permanent injunction and a decree for the specific performance of the terms of the agreement. This can be done without being required to furnish a bond or other security. These remedies are 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.
Additionally, should legal proceedings be initiated by Dryject against the trainee to enforce any Non-Competition Covenant or for the trainee's failure to maintain confidentiality, the period of restriction shall be deemed to begin running on the date of entry of an order granting Dryject preliminary injunctive relief and shall continue uninterrupted for the entire period of restriction.