Is Dryject responsible for the enforceability of confidentiality agreements used by franchisees?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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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- Should legal proceedings have to be brought by Franchisor against Trainee to enforce any Non-Competition Covenant or for 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 Franchisor preliminary injunctive relief and shall continue uninterrupted for the entire period of restriction.
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- This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania.
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- If any Court or other tribunal having jurisdiction to determine the validity or enforceability of this Agreement determines that it would be unenforceable as written, its provisions shall be determined to be withheld, modified or limited to such extent or in such manner as is necessary for it to be valid and enforceable to the greatest extent possible.
[signatures on the following page]
IN WITNESS WHEREOF, the undersigned have entered into this Agreement as witnessed by their signatures below.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, Dryject takes measures to protect its trade secrets, and franchisees play a role in this protection. Specifically, franchisees are expected to have their employees or contractors sign agreements to protect Dryject's trade secrets and the Dryject system against unfair competition.
The FDD outlines that Dryject can take legal action against a trainee for failing to maintain confidentiality. If legal proceedings are initiated by Dryject against a trainee to enforce any non-competition covenant or for the trainee's failure to maintain confidentiality, the period of restriction begins on the date an order is issued granting Dryject preliminary injunctive relief and continues uninterrupted for the entire period of restriction.
Furthermore, the FDD states that if a trainee breaches the agreement, Dryject would be irreparably injured and without an adequate remedy at law. In the event of such a breach, Dryject is entitled to enforce the provisions of the agreement against the franchisee and trainee. Dryject may seek remedies, 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 needing to furnish a bond or other security. Therefore, Dryject actively pursues the enforcement of confidentiality agreements to protect its interests.