Does All Dogs Unleashed's approval of a proposed site constitute a warranty of its suitability?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
We will approve or disapprove your proposed site within 30 days after we receive all of the materials you must provide to us. We will notify you of our approval of a site by written notice to you. If you do not receive a written notice of approval within 30 days after receipt of the required materials to approve or disapprove a proposed site, your proposed site is considered disapproved. We will not unreasonably withhold approval of any proposed site if it meets our then-current site criteria. You acknowledge and agree that our approval of a proposed site does not constitute a representation or warranty of any kind, express or implied, of the suitability of the site for a Facility or any other purpose. Our approval of a site only indicates that we believe that the site meets our then acceptable criteria. You agree that we are not responsible of the site fails to meet your or our expectations or if the Facility you develop at the site fails.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, the franchisor's approval of a proposed site does not constitute a warranty of any kind regarding the site's suitability for a facility or any other purpose. All Dogs Unleashed's approval only indicates that the site meets their then-acceptable criteria.
This means that while All Dogs Unleashed reviews and approves the proposed location, the franchisee ultimately bears the risk if the site does not meet expectations or if the facility developed at the site fails. The franchisee acknowledges and agrees to this condition, understanding that All Dogs Unleashed is not responsible if the site is not suitable.
This is a fairly standard clause in franchise agreements. It is important for prospective All Dogs Unleashed franchisees to conduct their own due diligence and market research to ensure the site's viability. Franchisees should not rely solely on the franchisor's approval, but should also consider factors such as local demographics, competition, and accessibility when evaluating a potential site.