What actions can All Dogs Unleashed take if a franchisee commits a Material Default?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
(4) Franchisor will have the right to enter onto the Premises at any time, to make any modification or alteration necessary to protect ALL DOGS UNLEASHED System and Marks or to cure any default under the Franchise Agreement or under the Lease, without being guilty of trespass or any other crime or tort, and the Landlord will not be responsible for any expense or damages arising from Franchisor's action in connection therewith.
(5) In the event of Franchisee's default under the terms of the Lease, Landlord shall promptly deliver notice of such default to Franchisor and shall offer Franchisor the opportunity to cure the default and to assume the Lease in Franchisor's name.
If Franchisor elects to cure the default and assume the Lease,
Franchisor, within 10 days of its receipt of notice from Landlord, shall notify Landlord of its intent to cure such default and to assume the Lease. If Franchisor elects to cure the default, it shall cure the default within 30 days of such election or, if the default cannot be reasonably cured within such 30-day period, then Franchisor will commence and proceed to cure the default within such time as is reasonably necessary to cure the default. If Franchisor elects to assume the Lease, Landlord agrees to recognize Franchisor as the tenant under the Lease and Franchisee will no longer have any rights there under.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
Based on the 2025 All Dogs Unleashed Franchise Disclosure Document, if a franchisee defaults on the terms of their lease, the landlord is required to promptly notify All Dogs Unleashed. All Dogs Unleashed then has the option to cure the default and assume the lease. To do so, All Dogs Unleashed must notify the landlord of their intent within 10 days of receiving the default notice. If All Dogs Unleashed chooses to cure the default, they have 30 days to do so, or if the default cannot be reasonably cured within 30 days, they will commence and proceed to cure the default within such time as is reasonably necessary to cure the default. If All Dogs Unleashed assumes the lease, the landlord must recognize All Dogs Unleashed as the new tenant, and the franchisee will no longer have any rights under the lease.
Additionally, All Dogs Unleashed has the right to enter the premises at any time to make modifications or alterations necessary to protect the All Dogs Unleashed system and marks or to cure any default under the Franchise Agreement or the lease. This can be done without being guilty of trespass or any other crime or tort, and the landlord will not be responsible for any expenses or damages arising from All Dogs Unleashed's actions.
This clause in the franchise agreement and lease agreement is designed to protect All Dogs Unleashed's interests in maintaining consistent brand standards and operational integrity. By having the right to cure defaults and assume the lease, All Dogs Unleashed can prevent a poorly managed or non-compliant franchise location from damaging the brand's reputation. This is a common practice in franchising, as franchisors often want to maintain control over the location and operations of their franchised businesses.