For All Dogs Unleashed, does the definition of 'Force Majeure' include epidemics?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Force Majeure" means acts of God (such as tornadoes, earthquakes, hurricanes, floods, fire or other natural catastrophe); strikes, lockouts or other industrial disturbances; war, terrorist acts, riot or other civil
disturbance; epidemics; or other similar forces which could not, by the exercise of reasonable diligence, have been avoided; provided, however, that neither an act or failure to act by a government authority, nor the performance, nonperformance, or exercise of rights by your lender, contractor, or other person qualifies as a Force Majeure unless the act, failure to act, performance, non-performance, or exercise of rights resulted from a Force Majeure. Your financial inability to perform or your insolvency is not a Force Majeure.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, the definition of "Force Majeure" does include epidemics. The document defines "Force Majeure" as events such as acts of God, strikes, war, terrorist acts, riots, epidemics, or other similar forces that could not have been avoided with reasonable diligence. However, it specifies that a government authority's actions or a lender's/contractor's performance/non-performance do not qualify as Force Majeure unless resulting from a Force Majeure event. Additionally, a franchisee's financial inability or insolvency is not considered a Force Majeure event.
This definition is important for prospective All Dogs Unleashed franchisees because it outlines the circumstances under which they may be excused from certain contractual obligations due to unforeseen events. For instance, if an epidemic prevents a franchisee from operating their business, it could be considered a Force Majeure event, potentially relieving them of certain responsibilities or penalties under the franchise agreement.
Furthermore, the All Dogs Unleashed Franchise Agreement states that if a franchisee is unable to meet the Minimum Development Obligation requirement due to a force majeure event, including mandated closures due to pandemics like COVID-19, the Development Periods will be extended by the amount of time the force majeure exists. However, if the force majeure continues for more than 6 months, All Dogs Unleashed has the right to terminate the agreement with written notice. This clause provides some protection to the franchisee in the event of prolonged disruptions but also sets a limit on the duration of such protection.