Besides injunctive relief, what other remedies are available to All Dogs Unleashed for non-compete violations?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
T THERE ARE OTHER PARTIES IN THE ACTION OR PROCEEDING. This waiver is effective even if a court of competent jurisdiction decides that the**
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.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, in cases of non-compete violations, All Dogs Unleashed is entitled to multiple damages, attorneys' fees, and all damages as provided by law. This is an exception to the standard damage waiver, which typically prevents parties from claiming punitive, multiple, or exemplary damages. However, this waiver does not apply to claims All Dogs Unleashed brings against franchisees for breach of confidentiality or non-competition covenants.
Furthermore, All Dogs Unleashed can recover all expenses, including attorneys' fees, accounting fees, expert witness fees, and any other reasonably incurred fees, if they prevail in an action against the franchisee. This includes actions to enforce the terms of the Franchise Agreement or for violations of the Lanham Act or other state or federal statutes. This provision ensures that All Dogs Unleashed can recoup costs associated with legal actions taken to protect its interests and enforce the franchise agreement.
These remedies provide All Dogs Unleashed with significant legal and financial recourse in the event a franchisee violates the non-compete agreements. Prospective franchisees should be aware of these potential financial implications and ensure they fully understand the scope and limitations of the non-compete clauses in the franchise agreement. The franchisor also has the right to seek injunctive relief from any court of competent jurisdiction.