Under the Dryject agreement, what actions are franchisees prohibited from taking regarding the agreement, the franchised business, or the licensed rights without prior written consent?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees face several restrictions on their activities related to the franchise, business, and licensed rights, requiring prior written consent from Dryject. Specifically, a franchisee cannot develop or sell products or services outside of Dryject's offerings without first obtaining written approval. This ensures that all products and services align with Dryject's brand standards and offerings.
Furthermore, franchisees are restricted from selling Dryject products and services for resale by purchasers without Dryject's prior written consent and a separate agreement. This condition allows Dryject to control the distribution channels and maintain the integrity of its retail sales model. Franchisees also cannot use equipment, commercial vehicles, or premises other than their home for purposes outside the operation of the franchised business without prior approval. This measure ensures that all operations align with Dryject's standards and protects the brand's image.
Additionally, trainees (employees of the franchisee) are prohibited from diverting or attempting to divert any business, business opportunity, or customer of the franchisee's business to any competitor for two years following the termination of their employment, unless they obtain prior written consent from Dryject. This non-compete agreement protects Dryject's business interests and trade secrets. Signers (individuals with access to Dryject's trade secrets) also cannot make copies of documents containing Dryject's trade secrets without express written permission from Dryject.
These restrictions are designed to maintain quality control, protect Dryject's brand and trade secrets, and ensure uniformity across all franchise locations. Prospective franchisees should carefully consider these limitations and discuss any potential conflicts with their business plans with Dryject before entering into a franchise agreement.