What are the specific requirements for establishing, equipping, and maintaining the Dryject Franchised Business according to System Standards?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
y territory, on such terms and conditions as We may deem advisable, and without granting You any rights.
- (d) You alone are responsible for operating the Franchised Business in full compliance with all System Standards, as modified from time to time. System Standards mean mandatory specifications, standards, operating procedures, and rules that We periodically prescribe for the development and operation of DryJect franchised businesses. All references in this Agreement to System Standards will include any modifications, deletions and/or additions to the System Standards which are authorized by this Agreement or the Operations Manual. Except as otherwise provided in this Agreement, System Standards may regulate any aspect of the operation and maintenance of DryJect franchised businesses, provided that all System Standards will apply uniformly to all similarly situated DryJect franchised businesses.
- (e) You shall offer for sale all types of products and/or services that We from time to time authorize. You shall not offer for sale, without Our prior written approval, any other products and/or services, or use any equipment, commercial vehicles or premises (other than Your home) for any purpose other than the operation of the Franchised Business in full compliance with this Agreement.
- (f) You shall be required to purchase and sell all products and services bearing DryJect's trade name and/or logo which We now carry or see fit to carry or develop in the future. You may not develop or sell other products or services on Your own without Our prior written consent.
- (g) In order to allow Us to establish and enforce standards of quality and uniformity for the distribution and sale of Our products and services, and in order to preserve incentive for other entities to become DryJect franchisees in the future, You shall not sell DryJect products and services other than on a retail basis to customers, and not for resale by the purchasers thereof, without Our prior written consent and without executing a separate agreement with Us for the right to conduct such sales, if We request the execution of such an agreement.
- (h) We have the right to determine, approve and supervise the quality of services and products sold by You from the Franchised Business, and to take all action We deem necessary to maintain
the quality and standards of the services and products, the Franchised Business and Our System. You are required to purchase certain services, equipment and operating supplies, as are more particularly set forth in the Operations Manual, from Us or suppliers whose services, products and materials are approved, and not thereafter disapproved, by Us. We or Our affiliates may receive commissions on goods and services provided to franchisees from various suppliers. If You desire to purchase any services or products from suppliers that We have not previously approved, You or the supplier must submit a written request for such approval to Us. As a condition of Our approval, which shall not be unreasonably withheld, We may require that Our representatives be allowed to inspect the supplier's facilities and/or that a sample of its product be made available to Us or Our designee for testing. In such event You or the supplier may be charged a fee not to exceed the actual cost of such inspection and/or testing. Within thirty (30) days of delivery of the test results, if testing is conducted or the written request if testing is not conducted, We will issue a decision in writing. Such decision may be a determination that additional time is needed to complete the review. Any denial will state the reasons. In the event We do not provide You with a written decision, the request shall be deemed denied.
- (i) You shall have a fully trained general manager operate the Franchised Business at all times when You are not personally managing and operating the Franchised Business. You shall keep Us informed at all times of the identity of any employee(s) acting as manager(s) of the Franchised Business. We shall make training available, as is reasonable and necessary, for all managers designated by You. We may provide such training at Our then-current rates.
- (j) You agree that You will at all times faithfully, honestly and diligently perform Your obligations hereunder and that You will not engage in any business or other activities that will conflict with Your obligations hereunder or Your DryJect Franchise. You have the sole responsibility for the performance of all obligations arising out of the operation of the Franchised Business pursuant to this Agreement. You shall secure and maintain in force, at Your expense, all required licenses, permits and certificates relating to the full and proper operation of the Franchised Business and shall operate the Franchised Business in full compliance with all applicable laws, ordinances and regulations, including without limitation, zoning, access, signage, all government regulations relating to occupational hazards and health, fire, safety, consumer protection, equal opportunity, trade regulation, workers' compensation, labor and employment, equal opportunity, unemployment insurance, licenses to do business, sales tax permits, withholding and payment when due of any and all taxes levied or assessed by reason of the operation of the Franchised Business, and fictitious name filings and registrations, privacy laws and data protection or security laws as well as Payment Card Industry Data Security Standard (PCI DSS) compliance. In the event of any bona fide dispute as to any liability for taxes assessed or other indebtedness, You may contest the validity or the amount of the tax or indebtedness in accordance with the proper procedures of the taxing authority or applicable law; however, in no event shall You permit a tax sale or seizure by levy of execution or similar liens, writ or warrant, or attachment by a creditor to occur against the property of the Franchised Business.
- (k) During the Term of this Agreement, and any renewals or extensions hereof, You shall hold Yourself out to the public only as an independent contractor operating the Franchised Business pursuant to a Franchise Agreement with Us. You agree to take such affirmative actions as may be
necessary to do so, including without limitation exhibiting a public notice of that fact, the content and display of which We shall have the right to specify from time to time.
- (l) It is the express intention of Subsections (j) and (k) of this Section 10 to establish that You are an independent contractor, and as such are solely responsible for the day-to-day affairs, management, operations and financial control of the Franchised Business and for Your employees and Your treatment of them.
- (m) We shall have the right to establish and utilize an on-line computer monitoring system, and to use the on-line system to remotely examine Your records pertaining to the operation of the Franchised Business. You must subscribe to business class high-speed Internet access through cable or other method designated in the Operations Manual.
- (n) You shall not establish a website on the Internet using any domain name containing the words "DryJect", "21st Century Aeration", DryJect.com, .net, .biz, .us, .org, 21st Century Aeration.com, .net, .biz, .us, .org or any variation. We retain the sole right to control all Internet activity and create websites using any of the foregoing or other domain names. We may require You to utilize ecommerce products or services designated by Us, which We may change from time to time. You acknowledge that We are the owner of all right, title and interest in and to such domain names as We shall designate and all uniform resource locators (URLs), future addresses and sub-addresses (including the Franchisee Page sub-addresses), software, content prepared for or used on the DryJect Internet Website, and all intellectual property rights in or to any of them. We retain the right to control Your use of linking and framing between Your web pages and all other websites. Any digital or electronic content You publish must comply with Our brand communication standards and is subject to Our approval. We have the final decision concerning all information and functionality that appears on the DryJect Internet Website and will update or modify the DryJect Internet Website according to a schedule that we determine. By posting or submitting to us information or materials for the DryJect Internet Website, you are representing to us that the information and materials are accurate and not misleading and do not infringe any third party's rights. You must notify us whenever any information about you or the Franchise Business on the DryJect Internet Website changes or is not accurate. All digital imagery bearing the Marks are subject to Our approval. Due to the speed of electronic communication, You must respond to all instructions by Us which are deemed to restrict, designate or control internet or e-commerce activities within twenty-four (24) hours. We also reserve the right to restrict, designate and to approve or control any existing or future (not yet developed) Fan Page or other advertising or social networking services of the Franchised Business, including the sending of bulk e-mail, except as are in accordance with the guidelines in the Operations Manual or otherwise as We may specify in writing. We require administrator privileges, at all times, to all Your software, electronic mail, social media, marketing platforms, digital marketing and all e-commerce activities.
- (o) You shall not make any material replacements or alterations to any equipment, techniques, signs or the System of the Franchised Business without Our prior written approval.
11. VARIATIONS IN STANDARDS
Because complete uniformity under varying conditions may be impossible or impractical, We reserve the right to vary the standards of eligibility, including financial terms and conditions, for any franchisee, including You, based upon the peculiarities of a particular territory, including density of population, business potential, population of trade area, existing business practices, or any other conditions which We determine to have, or potentially have, a significant effect on the successful operation of such franchisee's business.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees are responsible for operating their franchised business in full compliance with all System Standards, which include mandatory specifications, standards, operating procedures, and rules prescribed by Dryject. These System Standards may regulate any aspect of the operation and maintenance of Dryject franchised businesses, provided they apply uniformly to all similarly situated franchisees. Franchisees must offer for sale all types of products and services that Dryject authorizes and must purchase and sell all products and services bearing Dryject's trade name and/or logo that Dryject carries or develops. Franchisees cannot offer other products/services or use equipment/premises for any purpose other than operating the franchised business without prior written approval.
Dryject will provide general specifications for equipment, signs, furnishings, and operating supplies typically identified with Dryject franchised businesses, which franchisees are required to purchase and use. Dryject also provides initial training in its system, including instruction on Dryject's standards, methods, procedures, and techniques. Franchisees have access to Dryject's Operations Manual, which contains mandatory and suggested specifications, policies, methods, standards, operating procedures, requirements, and information relative to other franchisee obligations. The Operations Manual also includes guidelines or recommendations in addition to required System Standards. New products, services, equipment, or technologies that meet Dryject's System Standards may be made available to all Dryject franchisees.
Dryject may provide franchisees with specifications for brands and types of equipment, and exterior and interior signs required for any Dryject office(s) and/or vehicle(s), to be purchased at the franchisee's expense. Franchisees must comply with all specifications for types of equipment used in the Franchised Business, as provided in the Franchise Agreement and as set forth in the Operations Manual. Franchisees must maintain the condition and appearance of the business premises, equipment, and vehicles consistent with Dryject's System Standards for the image of the Franchised Business. If Dryject determines that the general state of repair or the appearance of the premises, vehicles, equipment, or signs does not meet System Standards, Dryject will notify the franchisee, specifying the corrective action to be taken. Franchisees cannot make material replacements or alterations to any equipment, techniques, signs, or the System of the Franchised Business without Dryject's prior written approval.
Dryject retains the right to determine, approve, and supervise the quality of services and products sold by the franchisee. Franchisees are required to purchase certain services, equipment, and operating supplies, as set forth in the Operations Manual, from Dryject or approved suppliers. If a franchisee desires to purchase services or products from suppliers that Dryject has not previously approved, the franchisee or the supplier must submit a written request for approval to Dryject. Dryject may require inspection of the supplier's facilities and/or testing of a product sample, with the franchisee or supplier potentially charged a fee not exceeding the actual cost of such inspection and/or testing. Dryject will issue a decision in writing within thirty (30) days of delivery of the test results or the written request if testing is not conducted; failure to provide a written decision results in the request being deemed denied.