Where do All Dogs Unleashed franchisees consent to personal jurisdiction for injunctive relief purposes?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing provisions of this Section 19.3, the parties' agreement to arbitrate will not apply to controversies, disputes, or claims related to or based on amounts owed to Franchisor pursuant to this Agreement, the Marks, or Franchisor's Confidential Information.
Franchisor has the right to apply to any court of competent jurisdiction for injunctive relief to prevent continued or threatened harm while arbitration is pending.
You and your Owners irrevocably consent to personal jurisdiction in the state and federal courts located in the county in which Franchisor maintains its principal place of business for this purpose.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, franchisees and their owners consent to personal jurisdiction in the state and federal courts located in the county where All Dogs Unleashed maintains its principal place of business, but only for matters pertaining to injunctive relief. This consent is specifically related to actions where All Dogs Unleashed seeks a court order to stop ongoing or threatened harm while arbitration is in progress.
This means that if All Dogs Unleashed believes a franchisee is violating the franchise agreement in a way that is causing immediate and irreparable harm (such as misuse of trademarks or disclosure of confidential information), All Dogs Unleashed can seek an injunction in the courts of the county where its principal business is located. The franchisee, by agreeing to the franchise terms, consents to the court's authority to hear the case, regardless of where the franchisee's business is located.
This clause does not apply to all disputes. It is specifically limited to situations where All Dogs Unleashed is seeking injunctive relief. Other disputes, particularly those involving monetary claims, may be subject to arbitration as detailed elsewhere in the franchise agreement. This arrangement is fairly common in franchising, as it allows franchisors to quickly address actions that could damage the brand or system while still adhering to arbitration for other types of disagreements.
Prospective All Dogs Unleashed franchisees should be aware of this clause and understand that they may be required to defend themselves in a court located in the county where All Dogs Unleashed's principal place of business is located if the franchisor seeks an injunction. They should consider the potential costs and logistical challenges of litigating a case in that jurisdiction.