Where are capitalized terms defined within the All Dogs Unleashed franchise agreement?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
s to operate a business | | | | | under the Marks or similar marks | | | |
ADU FRANCHISE LIMITED LIABILITY COMPANY FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (the "Agreement") is made and entered into as of the Effective Date reflected in the Summary Pages (the "Effective Date") by and between ADU FRANCHISE LIMITED LIABILITY COMPANY, a Texas limited liability company, ("Franchisor"), and the franchisee identified in the Summary Pages (referred to in this Agreement as "you" or "Franchisee").
- A. Franchisor has acquired the license to use and to sublicense the use of a business format and system ("System") for a business that provides dog obedience and behavioral modification training, grooming, and boarding services under the trade name and service mark "ALL DOGS UNLEASHED."
- B. The distinguishing characteristics of the System include, without limitation, proprietary training methods, advertising and marketing specifications and requirements, and other Standards designated by Franchisor for developing, operating and managing an ALL DOGS UNLEASHED Facility, all of which may be changed, improved, and further developed by Franchisor from time to time.
- C. The System is identified by means of certain trademarks, service marks, logos, slogans, trade dress, and other indicia of origin, including, without limitation, the service mark "ALL DOGS UNLEASHED," and such other trademarks, service marks, logos, slogans, and trade dress that may hereafter be designated by Franchisor in writing for use in connection with the System (the "Marks").
- D. You have applied for the right to operate a business using the System and Marks ("Franchised Business") and Franchisor desires to grant you such rights, all pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration for the mutual premises contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1 GRANT AND SERVICE AREA
1.1. Grant.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, capitalized terms are defined throughout the franchise agreement. For instance, the term "Agreement" is defined within the introductory section of the ADU Franchise Limited Liability Company Franchise Agreement. Similarly, terms such as "Effective Date," "Franchisor," and "you" or "Franchisee" are defined in this initial section to clarify the parties involved and the commencement date of the agreement.
Capitalized terms like "System" and "Marks" are defined within the recitals of the agreement to specify the business format and the trademarks associated with the All Dogs Unleashed franchise. These definitions are crucial for understanding the scope of the franchise rights and obligations. The "Franchised Business" is also defined within these recitals, clarifying what the franchisee is authorized to operate under the agreement.
Furthermore, the term "Franchise" is defined in Article 1, which covers the grant and service area, outlining the specific rights granted to the franchisee to operate a facility and use the All Dogs Unleashed system and marks. Understanding these defined terms is essential for a franchisee to fully grasp their rights, responsibilities, and the limitations of their franchise. The "Service Area" is also defined, which is important for understanding the franchisee's exclusive territory.
In summary, All Dogs Unleashed defines capitalized terms at various points within the franchise agreement, especially at their first usage. These definitions are critical for the proper interpretation and enforcement of the agreement, ensuring that both the franchisor and franchisee have a clear understanding of their respective roles and obligations.