How many arbitrators will hear the All Dogs Unleashed arbitration?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Damage Waiver. Each of the parties EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES; except that this waiver and limitation does not apply with respect to (a) your obligation to indemnify us under any provision of this Agreement, or (b) any claims we bring against you and/or your guarantors and/or your owners for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, unfair competition, breach of your confidentiality or non-competition covenants under this Agreement, and/or any cause of action under the Lanham Act, and we are entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
- (c) Each of the parties EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION, ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM MUST NEVER EXCEED 2 TIMES ACTUAL DAMAGES, except that we may recover more than 2 times our actual damages if you commit acts of willful trademark infringement or otherwise violate the Lanham Act, as provided by law.
- (d) No Class or Collective Actions. You agree that any arbitration, or, if applicable, litigation, between you (or any of your owners or guarantors), on the one hand, and us or any All Dogs Unleashed Franchise Related Party, on the other hand, will be on that party's individual claim and that the claim or claims subject to arbitration and/or litigation must not be arbitrated or litigated on a class-wide, associational or collective basis.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
Based on the 2025 All Dogs Unleashed Franchise Disclosure Document, the number of arbitrators is not specified. The document does mention arbitration and waivers related to damages and class actions.
Specifically, the FDD states that both parties in the agreement waive any claims for punitive, multiple, or exemplary damages, with certain exceptions such as the franchisee's obligation to indemnify the franchisor or claims brought by the franchisor against the franchisee for unauthorized use of marks or confidential information. It also mentions that if punitive, multiple, or exemplary damages cannot be waived due to a final determination or law, any recovery by any party in arbitration or other forum must not exceed two times actual damages, except in cases of willful trademark infringement or violations of the Lanham Act.
Furthermore, the FDD includes a clause preventing class or collective actions, requiring that any arbitration or litigation be conducted on an individual basis. However, the document does not provide details on the number of arbitrators involved in such proceedings. A prospective franchisee should seek clarification from All Dogs Unleashed regarding the specific procedures and number of arbitrators involved in arbitration.