Is there a Non-Disclosure, Non-Solicitation and Non-Competition Agreement included in the Dryject franchise documents?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the employee lives or works, You shall cause any person who is actively involved as a Key Employee, as defined in Section 12 of this Agreement, in the Franchised Business, at the time such person enters Your employment, to enter into a non-disclosure, non-solicitation and noncompetition agreement, in a form approved by Us or as We otherwise provide. You acknowledge and agree that any form of non-disclosure, non-solicitation and non-competition agreement is a form of agreement only and that it may or may not be enforceable in a particular jurisdiction. You agree that You are solely responsible for obtaining Your own professional advice with respect to the adequacy of the terms and provisions of any non-compete agreement You require Your employees, agents and independent contractors to sign.
You shall use Your best efforts to prevent any such persons from; (i) using, in connection with the operation of any competing business wherever located, any of the Licensed Rights; or (ii) from operating any competing business that looks like, copies or imitates any DryJect franchised business or operates in a manner tending to have such effect. If You have reason to believe that any such person has violated the provisions of the non-disclosure, non-solicitation and noncompetition agreement, You shall immediately notify Us and shall cooperate with Us to protect Us against infringement or other unlawful use of the Licensed Rights, including, but not limited to, the prosecution of any lawsuits if, in the judgment of Our counsel, such action is necessary and advisable.
EXHIBIT E
NON-DISCLOSURE, NON-SOLICITATION AND NON-COMPETITION AGREEMENT
DRYJECT MANAGEMENT, LLC NON-DISCLOSURE, NON-SOLICITATION AND NON-COMPETITION AGREEMENT
EXHIBIT F
SPOUSAL NON-DISCLOSURE AND NON-COMPETITION AGREEMENT
SPOUSAL NON-DISCLOSURE AND NON-COMPETITION AGREEMENT
This Agreement is made and entered into between DRYJECT MANAGEMENT, LCC, a Pennsylvania limited liability company, with its principal place of business at 307 Lincoln Avenue, Hatboro, Pennsylvania 19040 ("Franchisor") and , a/an with its principal place of business at ("Franchisee") and, the spouse or domestic partner of an owner of Franchisee ("Signer") with a primary residence at
WHEREAS, it is anticipated that Signer may have access to learn Franchisor's Trade Secrets as Franchisee develops and maintains Franchisee's Business using DRYJECT SYSTEM.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
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- Franchisee may disclose to Signer some or all of Franchisor's Trade Secrets relating to DRYJECT SYSTEM.
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- Signer shall receive Franchisor's Trade Secrets in confidence, maintain them in confidence, and shall use them only in connection with the development and/or maintenance by Franchisee of the Franchised Business using DRYJECT SYSTEM for so long as Franchisee is licensed by Franchisor to use DRYJECT SYSTEM.
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- Signer shall not at any time make copies of any documents or compilations containing some or all of Franchisor's Trade Secrets without the express written permission of Franchisor.
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- Signer shall not disclose or permit the disclosure of Franchisor's Trade Secrets to anyone.
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- That all information and materials, including without limitation, specifications, techniques and compilations of data which Franchisor shall designate as confidential shall be deemed Franchisor's Trade Secrets for the purposes of this Agreement.
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- Signer shall not, directly or indirectly, do any act or omit to do any act, which would or would likely to be injurious or prejudicial to the goodwill associated with DRYJECT SYSTEM.
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- Except to the extent prohibited by the laws of the state where the Franchised Business is located, in order to protect the goodwill and unique qualities of DRYJECT SYSTEM and the confidentiality and value of Franchisor's Trade Secrets, and in consideration for the disclosure to Signer of Franchisor's Trade Secrets, Signer further undertakes and covenants that, during the time Franchis
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, Non-Disclosure, Non-Solicitation, and Non-Competition Agreements are a standard part of the franchise agreement. Dryject requires franchisees to ensure that any key employee actively involved in the franchised business signs such an agreement, using a form approved by Dryject. However, the FDD acknowledges that the enforceability of these agreements can vary by jurisdiction, and it advises franchisees to seek their own professional advice on the matter.
Dryject franchisees must make their best efforts to prevent these employees from using the licensed rights in a competing business or operating a competing business that imitates the Dryject franchise. If a franchisee suspects a violation of the agreement, they must notify Dryject and cooperate in protecting Dryject's licensed rights, including potential lawsuits.
Furthermore, the FDD includes an exhibit specifically for a Non-Disclosure, Non-Solicitation, and Non-Competition Agreement. There is also a Spousal Non-Disclosure and Non-Competition Agreement included in the franchise agreement. This agreement anticipates that a spouse may have access to Dryject's trade secrets as the franchisee develops their business. The spouse is then bound to maintain confidentiality and use the information only for the benefit of the Dryject business.