What is the 'Limitations Period' defined as for claims against All Dogs Unleashed?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.8.
Contractual Limitations Period.
You (and your officers, directors, owners and guarantors) expressly agree that no claim or cause of action may be filed or maintained against us and/or any of our present and former owners, officers, directors, employees, representatives, affiliates, parent companies, subsidiaries, predecessor, successors and assigns (each a "Franchisor Related Party") arising out of or relating to this Agreement, the relationship established by this Agreement, the offer and sale of the franchise opportunity, the Equipment, and/or the operation of the Franchised Business unless such claim or cause of action is filed before the expiration of the "Limitations Period".
For purposes of this paragraph, the term "Limitations Period" means: one (1) year from the earlier of: (a) the date of the act, transaction or occurrence giving rise to the claim against us or a Franchisor Related Party; or (b) the date on which you (your officers, directors, owners and/or guarantors) knew or reasonably should have known of the facts or circumstances giving rise to the claim against us or a Franchisor Related Party.
Notwithstanding the foregoing, if the Limitations Period is unenforceable under Texas law (or, in the event a court or an arbitrator determines a different
state's law applies, then under that state's law), then the Limitations Period shall be equal to the shortest time period for a limitation of claims provision that is enforceable under the applicable law.
This contractual limitation of claims provision applies to all claims, whether based on contract, tort, statute, or any other legal theory. You acknowledge that this limitation of claims provision and the Limitations Period is a material inducement for us to enter into this Agreement and that it is intended to provide certainty and finality to potential disputes. To the fullest extent permitted by law, you hereby waive any longer statutory limitation period and agree that the foregoing limitation is reasonable and enforceable.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the "Limitations Period" dictates the timeframe within which a franchisee can file a claim against All Dogs Unleashed or its related parties. Specifically, franchisees must file any claim or cause of action within one year from the earlier of two dates: either the date of the event that led to the claim, or the date the franchisee knew or should have reasonably known about the facts giving rise to the claim. This limitation applies to claims related to the franchise agreement, the relationship established by the agreement, the offer and sale of the franchise, equipment, and the operation of the franchised business.
This contractual limitation of claims provision applies to all claims, whether based on contract, tort, statute, or any other legal theory. All Dogs Unleashed requires franchisees to acknowledge that this limitation is a material inducement for them to enter into the agreement, providing certainty and finality to potential disputes. Franchisees waive any longer statutory limitation period to the fullest extent permitted by law, agreeing that the one-year limitation is reasonable and enforceable.
However, there's an exception: if the one-year limitations period is unenforceable under applicable state law (Texas law is specified, but it could be another state's law if determined by a court or arbitrator), the Limitations Period will default to the shortest time period for a limitation of claims provision that is enforceable under that state's law. This ensures that some form of limitation remains in effect, even if the initial one-year period is deemed invalid. This clause impacts a franchisee by shortening the time they have to bring a legal claim against All Dogs Unleashed, which could be significantly shorter than the statutory period otherwise allowed.