Can Dryject seek an injunction against the Signer for a breach of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, specifically Exhibit F, the Spousal Non-Disclosure and Non-Competition Agreement outlines the terms between Dryject Management, LLC, the franchisee, and the spouse or domestic partner of an owner of the franchisee, referred to as the "Signer." This agreement acknowledges that the Signer may have access to Dryject's trade secrets as the franchisee develops their business using the Dryject system.
The agreement details several obligations of the Signer, including maintaining the confidentiality of Dryject's trade secrets and using them only in connection with the franchisee's business. The Signer is prohibited from making copies of confidential documents or disclosing trade secrets to anyone. Additionally, the Signer must not take any actions that could harm the goodwill associated with the Dryject system.
Furthermore, for the duration the franchisee is operating under the Dryject franchise agreement and for two years following its termination or expiration, the Signer is restricted from engaging in or having a financial interest in any business that is the same as or similar to Dryject's within the United States. This includes advising, helping, or making loans to such entities. According to chunk 3, in the event of a breach of the agreement, Dryject would be irreparably injured and without an adequate remedy at law. Therefore, Dryject can seek 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.