Where is the territory described for a Dryject franchised business?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- You desire to use Our System, Marks and goodwill to establish and operate a DryJect franchised business in the territory described, and upon the terms and conditions set forth, in this Agreement;
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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").
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.
4. TERRITORY
- (a) You shall have the right to operate a DryJect Franchised Business, and to use Our Licensed Rights in Franchisee's Designated Territory. We will not grant to others (nor reserve unto ourselves except as specified in this Agreement) the right to operate a DryJect business within Your Designated Territory. However, We reserve the right to establish policies pertaining to the sale of products and services at discounted rates to customers operating multiple facilities, some of which may be located within Your Designated Territory ("Reserved Accounts"). In the event that You do not agree to provide a Reserved Account with the contracted goods or services for a facility operated within Your Designated Territory at the discounted rate, or You are unable to provide the required goods or services within Your Designated Territory, We, any of Our affiliates or another of Our franchisees may supply the goods or services, and You shall not be entitled to receive any fee or other compensation associated with the transaction.
- (b) We reserve the right to use and franchise within Your Designated Territory any other trade names and trademarks that We might develop and not designate as Licensed Rights in the future, for use with similar or different franchise systems. You are granted no automatic rights to acquire additional franchises within Your Designated Territory, or within any contiguous territories.
- (c) Notwithstanding the provisions of the above Subsection 4(a), We specifically reserve the right to develop, grant, license or use additional distribution methods for the sale of Our trademarked merchandise, including wholesalers and retailers, but not for DryJect turf aeration services within Your Designated Territory.
- (d) As long as You are in compliance with all terms and conditions of this Agreement, We may not otherwise alter Your Designated Territory, as it is defined in this Agreement, and as it is more specifically identified in Addendum A to this Agreement.
- (e) You agree that You will not accept business nor perform services outside of Your Designated Territory without Our prior written approval. If You accept business from outside Your Designated Territory, which business is located in another franchise owner's designated territory, then We have the right to require You to forfeit all of the Gross Revenues You earned in the designated territory to the franchise owner who operates within the designated territory where that business is located. However, You may accept business resulting from referrals or unsolicited inquiries from customers outside Your Designated Territory if that business is not located in another franchise owner's designated territory.
Source: Item 23 — RECEIPT (FDD pages 50–68)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, the specific territory granted to a franchisee is described in Addendum A to the Franchise Agreement, which is referred to as the "Designated Territory." Section 4 of the Franchise Agreement further describes the servicing area for the franchised business. Dryject will not grant others the right to operate a Dryject business within the franchisee's Designated Territory, but they do reserve the right to establish policies pertaining to the sale of products and services at discounted rates to customers operating multiple facilities, some of which may be located within the franchisee's Designated Territory.
Dryject also retains the right to use and franchise other trade names and trademarks they might develop in the future, even within a franchisee's Designated Territory, as long as these are not designated as Licensed Rights. The franchisee is not automatically granted rights to acquire additional franchises within their Designated Territory or any adjacent territories. Additionally, Dryject reserves the right to develop or license additional distribution methods for the sale of their trademarked merchandise, excluding Dryject turf aeration services, within the franchisee's Designated Territory.
As long as the franchisee complies with the terms of the Franchise Agreement, Dryject may not alter the Designated Territory as defined in the agreement and Addendum A. The franchisee is prohibited from accepting business or performing services outside their Designated Territory without prior written approval from Dryject. Violation of this can result in Dryject requiring the franchisee to forfeit all gross revenues earned outside of their territory to the franchisee whose territory the business was conducted in. However, a franchisee may accept business from referrals or unsolicited inquiries from customers outside their Designated Territory if that business is not located in another franchise owner's designated territory.