Does Dryject require strict performance of all terms of the Franchise Agreement?

• (d) You alone are responsible for operating the Franchised Business in full compliance with all System Standards, as modified from time to time.

System Standards mean mandatory specifications, standards, operating procedures, and rules that We periodically prescribe for the development and operation of DryJect franchised businesses.

All references in this Agreement to System Standards will include any modifications, deletions and/or additions to the System Standards which are authorized by this Agreement or the Operations Manual.

Except as otherwise provided in this Agreement, System Standards may regulate any aspect of the operation and maintenance of DryJect franchised businesses, provided that all System Standards will apply uniformly to all similarly situated DryJect franchised businesses.

• (e) You shall offer for sale all types of products and/or services that We from time to time authorize.

You shall not offer for sale, without Our prior written approval, any other products and/or services, or use any equipment, commercial vehicles or premises (other than Your home) for any purpose other than the operation of the Franchised Business in full compliance with this Agreement.

• (f) You shall be required to purchase and sell all products and services bearing DryJect's trade name and/or logo which We now carry or see fit to carry or develop in the future.

You may not develop or sell other products or services on Your own without Our prior written consent.

17. OPERATION OF THE FRANCHISED BUSINESS

You covenant and agree that:

• (a) You shall operate the Franchised Business in accordance with Our Operations Manual, a copy of which You acknowledge having received on loan from Us, for the Term of this Agreement, and shall not make or allow unauthorized disclosures of the contents of the Operations Manual to any outside parties. You understand and acknowledge that We may revise the content of the Operations Manual, and You expressly agree to comply with each changed requirement within such reasonable time as We may require. Any new or different requirements imposed will not unreasonably increase Your obligations or place an excessive economic burden on Your operations, or otherwise alter Your fundamental status, rights or obligations under this Agreement. You shall at all times ensure that Your copy of the Operations Manual, and any other manuals loaned to You are kept current and up-to-date and, in the event of any dispute as to their contents, the terms of the master copies maintained by Us at Our principal place of business shall be controlling. The entire contents of the Operations Manual are and will remain confidential and Our property.
• (b) In order to protect the Licensed Rights and associated goodwill, You shall:
  • (i) Operate under the name DryJect and advertise only under the Licensed Rights designated by Us, and use such rights without prefix or suffix, except where such use may conflict with a prior registration or use, in which event You shall operate and advertise only under such other names as We have previously approved in writing;
  • (ii) Feature and use the Licensed Rights solely in the manner We prescribe; and,

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.

• 1. Waiver of Rights and Injunctive Relief. Under Minn. Rule 2860.4400J, the Agreement is amended to include that it shall be unfair and inequitable for any person to require a franchisee to waive his or her rights to a jury trial or waive rights to any procedure, forum, or remedies provided by the laws of the jurisdiction, or to consent to liquidated damages, termination procedures, or judgment notes; provided that the foregoing shall not bar an exclusive arbitration clause. Under Minn. Rule 2860.4400J, a franchisee cannot waive any rights or consent to the franchisor obtaining injunctive relief (although the franchisor may seek injunctive relief). Each reference in the Agreement to the phrase "Franchise Owner consents that DryJect is entitled to injunctive relief" or words of similar import shall be deleted and the phrase "DryJect may seek injunctive relief" shall be inserted in its place.

Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)