What specific actions must the franchisee undertake to ensure the trainee complies with the requirements of the Dryject agreement?

According to the 2025 Dryject FDD, the franchisee must use their best efforts to ensure that the trainee acts as required by the agreement. This obligation is crucial because Dryject discloses trade secrets to the trainee, and the trainee's agreement includes clauses to protect these trade secrets and the Dryject system's goodwill. The trainee must keep the trade secrets confidential and use them only for the Dryject business. They are prohibited from making unauthorized copies of documents containing trade secrets or disclosing them to unauthorized individuals.

The trainee's agreement also stipulates that they cannot perform any actions that could harm the goodwill associated with the Dryject system. Upon request or termination of employment, the trainee must return the Dryject Operations Manual and any other materials containing trade secrets to the franchisee or Dryject. Furthermore, the agreement includes a non-compete clause, preventing the trainee from diverting business or opportunities to competitors for a specified period after their employment ends, unless prohibited by law.

If the trainee breaches the agreement, Dryject would be irreparably injured and without an adequate remedy at law. In such cases, Dryject is entitled to enforce the agreement against both the franchisee and the trainee. Dryject may seek legal remedies, including injunctive relief and specific performance, without needing to provide a bond or security. This underscores the importance of the franchisee's role in ensuring the trainee's compliance to protect Dryject's interests and maintain the integrity of the franchise system.