From what dates is the one-year limitations period calculated 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
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. Specifically, any claim or cause of action must be filed before the expiration of the "Limitations Period," which is defined as one year from the earlier of two dates.
The first possible date is the date of the act, transaction, or occurrence that gives rise to the claim. The second is the date on which the franchisee (or their officers, directors, owners, and/or guarantors) knew or reasonably should have known about the facts or circumstances that led to the claim. This means a franchisee must act quickly once they become aware of a potential issue, as the clock starts ticking from the moment they have reasonable knowledge, not necessarily from when the damage is fully realized.
However, the FDD states that if this one-year limitations period is unenforceable under Texas law (or the applicable state law), the Limitations Period will 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. All Dogs Unleashed requires that franchisees acknowledge that this limitation is a material inducement for them to enter into the agreement and that it is intended to provide certainty and finality to potential disputes. Franchisees waive any longer statutory limitation period to the fullest extent permitted by law and agree that the limitation is reasonable and enforceable.