factual

In what manner should an All Dogs Unleashed franchisee use the Marks?

All_Dogs_Unleashed Franchise · 2025 FDD

Answer from 2025 FDD Document

COMPANY, a Texas limited liability company, ("Franchisor"), and the franchisee identified in the Summary Pages (referred to in this Agreement as "you" or "Franchisee").

  • A. Franchisor has acquired the license to use and to sublicense the use of a business format and system ("System") for a business that provides dog obedience and behavioral modification training, grooming, and boarding services under the trade name and service mark "ALL DOGS UNLEASHED."
  • B. The distinguishing characteristics of the System include, without limitation, proprietary training methods, advertising and marketing specifications and requirements, and other Standards designated by Franchisor for developing, operating and managing an ALL DOGS UNLEASHED Facility, all of which may be changed, improved, and further developed by Franchisor from time to time.
  • C. The System is identified by means of certain trademarks, service marks, logos, slogans, trade dress, and other indicia of origin, including, without limitation, the service mark "ALL DOGS UNLEASHED," and such other trademarks, service marks, logos, slogans, and trade dress that may hereafter be designated by Franchisor in writing for use in connection with the System (the "Marks").
  • D. You have applied for the right to operate a business using the System and Marks ("Franchised Business") and Franchisor desires to grant you such rights, all pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration for the mutual premises contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1 GRANT AND SERVICE AREA

1.1. Grant. Subject to the provisions of this Agreement, Franchisor hereby grants you the right ("Franchise") to establish and continuously operate a Facility at the Approved Location identified (or to be identified) in Attachment B, to provide canine training, boarding, grooming, and other authorized services at the Facility and at third-party locations within the Service Area in accordance with our standards, and to use the System and Marks in connection with the advertising, promotion, and operation of the business licensed hereunder. You may not sublicense any rights granted by this Agreement, nor delegate any obligations imposed under this Agreement.

1.2. Service Area Protection.

  • 1.2.1. During the term of this Agreement, Franchisor shall neither provide nor grant anyone but you the right to provide dog training, grooming, and boarding services in your Service Area, except as provided in this Section 1.2.
  • 1.2.2. Notwithstanding the foregoing, Franchisor and its Affiliates also may own, operate, and/or franchise, within and outside the Service Area, any business that provides similar or competitive services under a different trademark, whether or not the business uses any portion of the ALL DOGS UNLEASHED System.
  • 1.2.3. Franchisor and its Affiliates expressly reserve for themselves all rights not granted to you under this Agreement. These include the right to manufacture, distribute, and market pet-related products throughout the world. This may include selling books, distributing or streaming videos, instructional materials, pet products, dog toys, foods and treats, leashes, collars, apparel and other retail items through alternative channels of distribution, including specialty stores and via online sales.

1.2.4.

Source: Item 23 — RECEIPTS (FDD pages 49–158)

What This Means (2025 FDD)

Based on the 2025 All Dogs Unleashed Franchise Disclosure Agreement, a franchisee's use of the Marks is governed by specific terms and conditions. The franchisor, ADU Franchise Limited Liability Company, owns the rights to license the business format and system, including the trade name and service mark "ALL DOGS UNLEASHED." The system's characteristics include proprietary training methods, advertising and marketing specifications, and other standards that the franchisor may modify over time. These characteristics are identified through trademarks, service marks, logos, slogans, and trade dress, collectively known as the "Marks."

The franchisee is granted the right to operate a business using the All Dogs Unleashed system and Marks, subject to the franchise agreement's terms. The landlord consents to the franchisee's use of the Marks, signs, interior and exterior décor, furnishings, fixtures, items, color schemes, plans, specifications, and related components of the All Dogs Unleashed system as prescribed by the franchisor. This ensures uniformity and consistency across all franchised locations.

The franchisor also has the right to develop specifications for various aspects of the system, including facility design, operating procedures, products and services, supplier qualifications, training, and marketing. Franchisees must comply with these specifications, which the franchisor may change over time. This compliance ensures that the franchisee adheres to the franchisor's standards and maintains the integrity of the All Dogs Unleashed brand. The personal guarantor also agrees to comply with the provisions concerning the franchisee's use of the franchisor's Marks, reinforcing the importance of adhering to the brand standards.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.