Does the All Dogs Unleashed agreement include a waiver of jurisdiction or venue questions?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
arbitration provision in this Agreement is unenforceable. Each party agrees that it has had full opportunity to consult with counsel concerning this waiver, and that this waiver is informed, voluntary, intentional, and not the result of unequal bargaining power.
- (b) Damage Waiver. Each of the parties EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES; except that this waiver and limitation does not apply with respect to (a) your obligation to indemnify us under any provision of this Agreement, or (b) any claims we bring against you and/or your guarantors and/or your owners for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, unfair competition, breach of your confidentiality or non-competition covenants under this Agreement, and/or any cause of action under the Lanham Act, and we are entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
- (c) Each of the parties EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION, ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM MUST NEVER EXCEED 2 TIMES ACTUAL DAMAGES, except that we may recover more than 2 times our actual damages if you commit acts of willful trademark infringement or otherwise violate the Lanham Act, as provided by law.
- (d) No Class or Collective Actions. You agree that any arbitration, or, if applicable, litigation, between you (or any of your owners or guarantors), on the one hand, and us or any All Dogs Unleashed Franchise Related Party, on the other hand, will be on that party's individual claim and that the claim or claims subject to arbitration and/or litigation must not be arbitrated or litigated on a class-wide, associational or collective basis.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
Based on the 2025 All Dogs Unleashed Franchise Disclosure Document, the franchise agreement does not appear to include a waiver of jurisdiction or venue questions. The document includes information regarding waivers related to damages and other specific aspects of the agreement, but it does not explicitly mention waiving the right to contest jurisdiction or venue.
Item 9.1(a) of the All Dogs Unleashed franchise agreement includes a waiver related to the enforceability of the arbitration provision. However, this waiver is specifically related to the arbitration process and does not extend to waiving rights related to jurisdiction or venue in other legal contexts. The agreement also includes a damage waiver, where both parties waive any claim for punitive, multiple, and/or exemplary damages, with certain exceptions for indemnification obligations and claims related to unauthorized use of marks or confidential information.
Since the FDD does not provide explicit information on whether All Dogs Unleashed includes a waiver of jurisdiction or venue questions, it is important for a prospective franchisee to seek clarification from the franchisor. Understanding the legal venue for resolving disputes is crucial, as it can significantly impact the cost and convenience of addressing any potential legal issues that may arise during the franchise term. A potential franchisee should consult with a legal professional to fully understand their rights and obligations under the franchise agreement.