Does the All Dogs Unleashed non-compete agreement apply to 'agents' of the franchisee?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
If you, your employees, or Owners develop any new concept, process or improvement relative to the operation or promotion of an ALL DOGS UNLEASHED business (an "Improvement"), you agree to promptly notify Franchisor and provide Franchisor with all necessary related information, without compensation.
Any such Improvement shall become Franchisor's sole property and Franchisor shall be the sole owner of all related patents, patent applications, and other intellectual property rights.
You and your Owners hereby assign to Franchisor any rights you or your Owners may have or acquire in the Improvements, including the right to modify the Improvement, and waive and/or release all rights of restraint and moral rights therein and thereto.
You and your Owners agree to assist Franchisor in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide Franchisor with all necessary documentation for obtaining and enforcing such rights.
You and your Owners hereby irrevocably designate and appoint Franchisor as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement.
In the event that the foregoing provisions of this Section 8.4 are found to be invalid or otherwise unenforceable, you and your Owners hereby grant to Franchisor a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the use of the Improvement
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the non-compete agreement extends to the franchisee ('you') and their 'Owners'. Specifically, if you, your employees, or Owners develop any new concept, process or improvement relative to the operation or promotion of an ALL DOGS UNLEASHED business (an "Improvement"), you agree to promptly notify Franchisor and provide Franchisor with all necessary related information, without compensation. Any such Improvement shall become Franchisor's sole property and Franchisor shall be the sole owner of all related patents, patent applications, and other intellectual property rights. You and your Owners hereby assign to Franchisor any rights you or your Owners may have or acquire in the Improvements, including the right to modify the Improvement, and waive and/or release all rights of restraint and moral rights therein and thereto. You and your Owners agree to assist Franchisor in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide Franchisor with all necessary documentation for obtaining and enforcing such rights. You and your Owners hereby irrevocably designate and appoint Franchisor as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement. In the event that the foregoing provisions of this Section 8.4 are found to be invalid or otherwise unenforceable, you and your Owners hereby grant to Franchisor a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the use of the Improvement to the extent such use or sublicense would, absent this Agreement, directly or indirectly infringe on you or your Owners' rights therein.
While the term 'agents' is not explicitly mentioned in the non-compete clauses, the agreement does cover 'employees' and 'Owners' of the franchisee. This means that the actions of these individuals are also subject to certain restrictions. For example, employees are restricted from being employed by the Franchisor or an Affiliate of Franchisor as a salaried managerial employee, or induce such person to leave his or her employment; or Own, maintain, advise, operate, engage in, be employed by, make loans to, invest in, provide any assistance to, or have any interest in (as owner or otherwise) or relationship or association with, any business that provides dog training, grooming, or boarding services other than a ALL DOGS UNLEASHED franchised business operated pursuant to a then-currently effective franchise agreement.
It is important for a prospective All Dogs Unleashed franchisee to understand the scope of these restrictions and how they might impact their ability to operate the franchise. The franchisee should carefully review the definitions of 'employees' and 'Owners' in the franchise agreement to fully understand who is covered by these restrictions. Additionally, the franchisee should seek legal counsel to ensure they fully understand the implications of the non-compete agreement and how it may affect their business operations.