From which date does the one-year 'Limitations Period' begin for claims against All Dogs Unleashed?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Notwithstanding the foregoing, if the Limitations Period is unenforceable under Texas law (or, in the event a court or an arbitrator determines a different
state's law applies, then under that state's law), then the Limitations Period shall be equal to the shortest time period for a limitation of claims provision that is enforceable under the applicable law.
This contractual limitation of claims provision applies to all claims, whether based on contract, tort, statute, or any other legal theory. You acknowledge that this limitation of claims provision and the Limitations Period is a material inducement for us to enter into this Agreement and that it is intended to provide certainty and finality to potential disputes. To the fullest extent permitted by law, you hereby waive any longer statutory limitation period and agree that the foregoing limitation is reasonable and enforceable.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, franchisees have a limited time to file claims against the franchisor or related parties. This 'Limitations Period' is defined as one year, beginning from the earlier of two possible dates.
The first potential start date is the actual date of the act, transaction, or occurrence that led to the claim. The second is the date when the franchisee (or their officers, directors, owners, and/or guarantors) knew or reasonably should have known about the facts and circumstances that gave rise to the claim. This means a franchisee can't delay action once they are aware of a potential issue, even if the triggering event happened earlier.
However, the FDD states that if this one-year limitation is unenforceable under Texas law (or the law of another state if applicable), the 'Limitations Period' will be adjusted to the shortest time period that is enforceable under that state's law. This contractual limitation applies to all claims, regardless of whether they are based on contract, tort, statute, or any other legal theory. All Dogs Unleashed emphasizes that this limitation is a material inducement for them to enter into the agreement, providing certainty and finality to potential disputes, and the franchisee waives any longer statutory limitation period to the extent permitted by law.