What does the All Dogs Unleashed franchisee represent regarding the validity of the execution of the agreement?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 16 REPRESENTATIONS
16.1. Representations of Franchisor. Franchisor represents and warrants that (a) Franchisor is duly organized and validly existing under the law of the state of its formation; (b) Franchisor is duly qualified and authorized to do business in each jurisdiction in which its business activities or the nature of the properties it owns requires such qualification; and (c) the execution of this Agreement and the performance of the transactions contemplated by this Agreement are within Franchisor's corporate power or written partnership or limited liability company agreement, as applicable, and have been duly authorized.
16.2. Representations of Franchisee.
- 16.2.1.
You represent and warrant that the information set forth in Attachment C, incorporated by reference hereto, is accurate and complete in all material respects.
You must notify Franchisor in writing within 10 days of any change in the information set forth in Attachment C.
You further represent to Franchisor that (a) you are duly organized and validly existing under the law of the state of your formation; (b) you are duly qualified and authorized to do business in each jurisdiction in which your business activities or the nature of the properties you own require such qualification; and (c) your corporate charter or written partnership or limited liability company agreement, as applicable, will at all times provide that your activities are confined exclusively to the operation of the Franchised Business.
You warrant and represent that neither you nor any of your Affiliates or Owners own, operate or have any financial or beneficial interest in any business that is the same as or similar to ALL DOGS UNLEASHED business; and the execution of this Agreement and the performance of the transactions contemplated by this Agreement are within your corporate power or, if you are a partnership or a limited liability company, are permitted under your written partnership or limited liability company agreement and have been duly authorized.
- 16.2.2.
You acknowledge that you have conducted an independent investigation of the ALL DOGS UNLEASHED franchise opportunity and recognize that the business venture contemplated by this Agreement involves business risks and that its success will be largely dependent on your ability as an independent businessperson.
- 16.2.3.
Except for representations contained in Franchisor's franchise disclosure document provided to you in conjunction with this franchise offering, you represent that neither Franchisor nor its agents or representatives have made any representations, and you have not relied on representations made by Franchisor or its agents or representatives, concerning actual or potential Gross Sales, expenses or profit of an ALL DOGS UNLEASHED Franchised Business.
- 16.2.4.
You acknowledge that you have received a complete copy of Franchisor's franchise disclosure document at least 14 calendar days before you signed this Agreement or paid any consideration to Franchisor for your franchise rights.
- 16.2.5.
You acknowledge that you have read and that you understand the terms of this Agreement and its attachments, and that you have had ample time and opportunity to consult with an attorney or business advisor of your choice about the potential risks and benefits of entering into this Agreement.
- 16.2.6.
You represent that neither your property nor any interest in your property, nor the property of any of your Owners, officers, directors, managers, members, partners, agents or employees, or their respective interests therein, have been blocked pursuant to Executive Order 13224 of September 23, 2001, pertaining to persons who commit, threaten to commit, or support terrorism ("Blocked Persons").
You represent and warrant to Franchisor that you will not accept money from or employ any Blocked Person.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the franchisee makes several representations concerning the validity and understanding of the franchise agreement. The franchisee confirms the accuracy and completeness of the information provided in Attachment C and commits to notifying All Dogs Unleashed of any changes within 10 days. This ensures that All Dogs Unleashed has current and correct information about the franchisee. The franchisee also confirms that their business activities are confined exclusively to operating the All Dogs Unleashed franchised business, as stipulated in their corporate charter or partnership agreement. This prevents conflicts of interest and ensures focus on the All Dogs Unleashed business.
Furthermore, the franchisee represents that they do not own or have financial interest in any similar business to All Dogs Unleashed, reinforcing their commitment to the franchise. They acknowledge they've conducted an independent investigation of the All Dogs Unleashed franchise opportunity and understand the business risks involved, recognizing that their success depends on their capabilities as an independent businessperson. This acknowledgement demonstrates that the franchisee is entering the agreement with informed consent and an understanding of the challenges. The franchisee also confirms that they have not relied on any representations from All Dogs Unleashed or its agents regarding potential gross sales, expenses, or profits, except those contained in the franchise disclosure document. This protects All Dogs Unleashed from liability for any verbal promises or projections not included in the official FDD.
Additionally, the franchisee acknowledges receiving a complete copy of the All Dogs Unleashed franchise disclosure document at least 14 calendar days before signing the agreement or paying any consideration. This confirms that All Dogs Unleashed has met the legal requirement of providing the FDD in a timely manner, giving the franchisee sufficient time to review it. The franchisee also acknowledges that they have read and understand the terms of the agreement and have had ample opportunity to consult with an attorney or business advisor about the potential risks and benefits. This further reinforces the franchisee's informed consent and understanding of the agreement's implications. Finally, the franchisee represents that neither they nor their property are associated with any blocked persons or entities involved in terrorism, ensuring compliance with anti-terrorism regulations.
These representations are crucial for All Dogs Unleashed as they provide assurance that the franchisee has entered into the agreement knowingly, willingly, and without any undue influence or misrepresentation. They also protect All Dogs Unleashed from potential legal challenges based on claims of misinformation or lack of understanding. Prospective franchisees should carefully review these representations and ensure they are accurate and truthful before signing the franchise agreement, as any misrepresentation could have serious legal consequences.