For All Dogs Unleashed disputes, what is a 'Developer Related Party'?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1.1 The parties have reached this Agreement in good faith and with the belief that it is advantageous to each of them. In recognition of the strain on time, unnecessary expense and wasted resources potentially associated with litigation and/or arbitration, and in the spirit of cooperation, the parties pledge to try to resolve any dispute amicably, without litigation or arbitration. Other than an action brought by us under Section 8.3 of this Agreement, and with the exception of injunctive relief or specific performance actions, before the filing of any arbitration, you and we agree to mediate any dispute, controversy or claim between us and/or any of our affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees or agents (each a "Franchisor Related Party"), on the one hand, and you and/or any of your affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees or agents (each a "Developer Related Party"), including without limitation, in connection with any dispute, controversy or claim arising under, out of, in connection with or in relation to: (a) this Agreement; (b) the parties' relationship; or (c) the events occurring before the entry into this Agreement. Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to maintaining any arbitration or legal action, including any action to interpret or enforce this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, a 'Developer Related Party' includes the franchisee and/or any of their affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees, or agents. This definition is relevant in the context of dispute resolution, specifically mediation, as outlined in the Franchise Agreement.
Before initiating arbitration or legal action (excluding actions for injunctive relief or specific performance or actions brought by All Dogs Unleashed under Section 8.3 of the agreement), both All Dogs Unleashed and the franchisee must agree to mediate any dispute. This mediation requirement extends not only to the franchisee but also to the individuals and entities associated with them, as defined under 'Developer Related Party'.
This clause is designed to encourage comprehensive and amicable resolution of disputes at all levels before resorting to more formal and costly legal processes. By including a broad range of related parties in the mediation process, All Dogs Unleashed aims to address all potential aspects of a dispute and foster a cooperative approach to problem-solving. Franchisees should be aware that this mediation requirement is a precondition to any arbitration or legal action, emphasizing the importance of good-faith participation in the mediation process.