In resolving disputes related to a Dryject franchise, what is the initial step required before seeking judicial resolution, excluding matters seeking equitable relief?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (i) Except for matters where either party seeks equitable relief, neither party will seek a judicial resolution of a dispute between them without first requesting a meeting or telephone conference with the other party by written notice, which notice will designate a party who is a senior executive with authority to reach a resolution of the dispute on their behalf. The party receiving the notice will also designate a representative of similar authority for the purpose of discussing the specific matter in dispute. If You are an individual, You will be Your designated representative. At least one meeting or telephone
conference of the designated representatives will be held in an effort to resolve the dispute. The parties will agree on a location, date and time for the meeting or telephone conference which must be within thirty (30) days of the initial notice. If the meeting(s) and/or telephone conferences do not resolve the dispute, either party may pursue mediation in accordance with Subsection 37(a)(ii).
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, before seeking judicial resolution for disputes (excluding those seeking equitable relief), both Dryject and the franchisee must first request a meeting or telephone conference. This request must be made via written notice, designating a senior executive with the authority to resolve the dispute on their behalf. For individual franchisees, they will serve as their own designated representative.
The receiving party must also designate a representative with similar authority to discuss the matter. At least one meeting or telephone conference between these designated representatives must occur, with the goal of resolving the dispute. The location, date, and time for this meeting or call must be agreed upon by both parties and must take place within thirty days of the initial notice.
If these initial meetings or telephone conferences do not lead to a resolution, either party may then pursue mediation. This structured negotiation process aims to facilitate a mutually agreeable solution before escalating the matter to more formal and costly legal proceedings like arbitration or litigation. This initial step emphasizes open communication and direct negotiation between the parties involved, potentially saving time and resources.