What claims are subject to the 'Limitations Period' in the All Dogs Unleashed agreement?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
LLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE OTHER AND AGREE THAT IN THE EVENT OF A DISPUTE BETWEEN THEM EACH SHALL BE LIMITED TO THE RECOVERY OF ANY ACTUAL DAMAGES SUSTAINED BY IT.
- 19.8. Contractual Limitations Period. You (and your officers, directors, owners and guarantors) expressly agree that no claim or cause of action may be filed or maintained against us and/or any of our present and former owners, officers, directors, employees, representatives, affiliates, parent companies, subsidiaries, predecessor, successors and assigns (each a "Franchisor Related Party") arising out of or relating to this Agreement, the relationship established by this Agreement, the offer and sale of the franchise opportunity, the Equipment, and/or the operation of the Franchised Business unless such claim or cause of action is filed before the expiration of the "Limitations Period". For purposes of this paragraph, the term "Limitations Period" means: one (1) year from the earlier of: (a) the date of the act, transaction or occurrence giving rise to the claim against us or a Franchisor Related Party; or (b) the date on which you (your officers, directors, owners and/or guarantors) knew or reasonably should have known of the facts or circumstances giving rise to the claim against us or a Franchisor Related Party.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the contractual limitations period applies to all claims a franchisee may have against All Dogs Unleashed or its related parties. This includes claims based on contract, tort, statute, or any other legal theory, arising out of or relating to the Franchise Agreement, the franchise relationship, the offer and sale of the franchise, equipment, and/or the operation of the franchised business.
The "Limitations Period" is defined as one year from the earlier of either the date of the act or transaction giving rise to the claim, or the date the franchisee knew or should have known about the act or transaction. However, if the applicable state law provides for a shorter enforceable limitation period for claims, then that shorter period will apply.
All Dogs Unleashed emphasizes that this limitation of claims provision is a material inducement for them to enter into the Franchise Agreement, designed to provide certainty and finality to potential disputes. The franchisee waives any longer statutory limitation period to the fullest extent permitted by law, agreeing that the one-year limitation is reasonable and enforceable. This means a franchisee must bring any legal claims against All Dogs Unleashed within one year of the event giving rise to the claim, or they risk losing their right to sue, even if the standard statute of limitations in their state is longer.
This type of clause is relatively common in franchise agreements. Prospective franchisees should be aware of such limitations and consult with an attorney to understand the implications before signing the agreement. It is crucial to document any potential claims and adhere to the strict deadlines to protect their legal rights.