For an All Dogs Unleashed franchise, what must the arbitrator include in their award?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
The decision of the arbitrator is final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (1) stay the effectiveness of any pending termination of this Agreement; (2) assess punitive or exemplary damages; (3) certify a class or a consolidated action; or (4) make any award that extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that we set.
The arbitrator must have the right to make a determination as to any procedural matters that a court of competent jurisdiction would be permitted to make in the state in which our main office is located.
Further, the arbitrator must decide all factual, procedural, or legal questions relating in any way to the dispute between the parties, including, without limitation, questions relating to whether Section 8.2 is applicable and enforceable as against the parties; the subject matter, timeliness, and scope of the dispute; any available remedies; and the existence of unconscionability and/or fraud in the inducement.
- 8.2.4 The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief.
Each party consents to the enforcement of these orders, injunctions, etc., by any court having jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the arbitrator in any dispute is limited in what they can include in their award. The arbitrator cannot stay the effectiveness of any pending termination of the Franchise Agreement. They are also prohibited from assessing punitive or exemplary damages, or certifying a class or consolidated action. Furthermore, the arbitrator cannot make any award that extends, modifies, or suspends any lawful term of the Franchise Agreement or any reasonable standard of business performance set by All Dogs Unleashed.
The arbitrator for All Dogs Unleashed must make a determination regarding any procedural matters that a court of competent jurisdiction would be permitted to make in the state where All Dogs Unleashed's main office is located. The arbitrator is required to decide all factual, procedural, and legal questions related to the dispute. This includes questions about whether Section 8.2 of the agreement is applicable and enforceable, the subject matter, timeliness, and scope of the dispute, any available remedies, and the existence of unconscionability or fraud in the inducement.
Additionally, the arbitrator has the authority to issue summary orders to dispose of all or part of a claim. They can also provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of these orders by any court having jurisdiction. These stipulations ensure that while disputes are resolved through arbitration, the arbitrator's powers are clearly defined and limited to protect the interests and operational standards of the All Dogs Unleashed franchise system.