What rights does Dryject grant to the franchisee regarding the establishment and operation of the Franchised Business?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
ent and in taking actions with respect to Our relationship with You, We must take into account the needs of the System, and the effect upon the System as a whole, and the need to protect the Marks for the benefit of the System; and,
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- The territory described in Addendum A to this Agreement is being made available by Us as a territory for a DryJect franchised business ("Designated Territory").
In consideration of the respective representations, warranties, covenants and agreements contained in this Agreement, the parties agree as follows:
1. INCORPORATION OF RECITALS
The Recitals above are incorporated herein by reference.
2. GRANT OF FRANCHISE
On the terms and conditions of this Agreement, We hereby grant to You the right to establish and operate a DryJect franchise (the "Franchise" or "Franchised Business") and to use the Licensed Rights associated with the Franchised Business and developed by Us. The Franchise is granted for the area set out in the attached Addendum A to this Agreement, entitled Franchisee's Designated Territory.
The Franchised Business described in this Section will service an area more particularly described in Section 4 of this Agreement.
3. GRANT OF LICENSED RIGHTS
(a) Subject to the terms and conditions of this Agreement, We grant to You the right to use Our Licensed Rights in the establishment and operation of the Franchised Business. You
acknowledge Our sole and exclusive right to use the DryJect Marks in connection with the products and services to which they are or may be applied by Us, and represent, warrant and agree that, neither during the Term of this Agreement nor after its expiration or other termination, shall You directly or indirectly contest, or aid in contesting, the validity or ownership of the Licensed Rights, or take any action whatsoever in derogation of the rights claimed by Us in this Agreement.
- (b) Nothing contained in this Agreement shall be construed to vest in You any right, title or interest in or to the Licensed Rights, the goodwill now or hereafter associated with such rights, other than the rights and license expressly granted to You in this Agreement. Any and all goodwill associated with or identified by the Licensed Rights shall inure directly and exclusively to Our benefit and is Our property.
- (c) No advertising or other use of the DryJect Marks by You shall contain any statement or material which, in Our sole judgment, We consider to be in bad taste or inconsistent with DryJect's public image, or tends to bring disparagement, ridicule or scorn upon Us or Our affiliates or predecessors or successors or the DryJect Marks, or diminish Our associated goodwill.
Source: Item 23 — RECEIPT (FDD pages 50–68)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees are granted the right to establish and operate a DryJect franchise and to use the Licensed Rights associated with the Franchised Business. This franchise is specifically granted for the area detailed in Addendum A, referred to as the Franchisee's Designated Territory.
The franchisee has the right to operate a DryJect Franchised Business and use the Licensed Rights within their Designated Territory. DryJect will not grant others the right to operate a DryJect business within the franchisee's territory, but they do reserve the right to establish policies for discounted rates to customers operating multiple facilities, some of which may be located within the franchisee's Designated Territory. If the franchisee cannot or does not agree to provide services to these Reserved Accounts at the discounted rate, DryJect or another franchisee may supply the services, and the original franchisee will not receive compensation.
DryJect also retains the right to use and franchise other trade names and trademarks they develop in the future, even within the franchisee's Designated Territory, for similar or different franchise systems. The franchisee is not automatically granted rights to acquire additional franchises within their territory or adjacent territories. Additionally, DryJect reserves the right to develop additional distribution methods for trademarked merchandise, such as through wholesalers and retailers, but not for DryJect turf aeration services within the Designated Territory.