Are the terms and conditions of the Dryject franchise agreement considered confidential information?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
YOU ACKNOWLEDGE AND AGREE THAT OUR CONFIDENTIAL INFORMATION INCLUDES, BUT IS NOT LIMITED TO: THE TERMS AND CONDITIONS OF THIS AGREEMENT; THE CONTENTS OF THE OPERATIONS MANUALS, TRADE SECRETS WHICH INCLUDES CUSTOMER LISTS, AND ANY COMPONENT OF OUR SYSTEM THAT DOES NOT CONSTITUTE A TRADE SECRET BUT THAT OTHERWISE MEETS THE DEFINITION OF "CONFIDENTIAL INFORMATION."
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the terms and conditions of the franchise agreement are considered confidential information. Franchisees must use their best efforts to keep confidential the Operations Manual, materials designated for use with Dryject's system, and other information designated as confidential. This extends to trade secrets, knowledge, and business know-how concerning the establishment or operation of the franchised business. Unauthorized use or disclosure of confidential information can cause significant harm to Dryject.
Dryject defines confidential information as any information not generally known in the turf aeration business about Dryject's products, equipment, services, standards, specifications, systems, procedures, and techniques. This includes the terms and conditions of the franchise agreement, the contents of the operations manuals, trade secrets including customer lists, and any component of Dryject's system that does not constitute a trade secret but otherwise meets the definition of "confidential information."
This confidentiality clause survives any termination or expiration of the franchise agreement. This means that even after a franchisee leaves the Dryject system, they are still obligated to keep the specified information confidential. This is a common practice in franchising to protect the franchisor's proprietary information and maintain a competitive advantage.