Is there a Non-Disclosure, Non-Solicitation and Non-Competition Agreement included in the Dryject franchise agreements?
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
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 required for key employees. Dryject mandates that franchisees ensure their key employees, as defined in Section 12 of the agreement, enter into such agreements when they are hired. These agreements must be in a form approved by Dryject. However, the enforceability of these agreements can vary by jurisdiction, and the franchisee is responsible for seeking professional advice on the adequacy of the terms.
Dryject franchisees must make their best efforts to prevent these employees from using the licensed rights in any competing business or operating a competing business that imitates a Dryject franchise. If a franchisee suspects a violation of the agreement, they must notify Dryject and cooperate in protecting the licensed rights, including potential lawsuits.
Additionally, the FDD includes an agreement to be signed by the trainee and a separate agreement for the franchisee's spouse. The trainee agreement ensures the protection of Dryject's trade secrets and confidential information. The spousal agreement anticipates that the spouse may have access to Dryject's trade secrets and, therefore, includes similar non-disclosure and non-competition terms to protect Dryject's interests. These agreements aim to safeguard Dryject's competitive advantage and proprietary information.