Which provisions of the All Dogs Unleashed franchise agreement survive expiration or termination?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.6 Survival of Covenants. The covenants in this Agreement that, by their terms, require performance by the parties after the expiration or termination of this Agreement, will be enforceable notwithstanding the expiration or other termination of this Agreement for any reason whatsoever.
You shall maintain the confidentiality of all Confidential Information.
You shall use Confidential Information only in connection with the operation of the Franchised Business, and shall divulge Confidential Information only to your employees and only on a need to know basis.
This obligation shall survive termination or expiration (without renewal) of this Agreement.
Upon termination or expiration of this Agreement, you shall immediately cease all use of the Marks, Copyrighted Works and Confidential Information. You shall cancel any assumed name registration containing the Marks and, at Franchisor's request, shall assign to Franchisor all rights to all telephone numbers, e-mail addresses, URLs, domain names, Internet listings (including, but not limited to, listings for online reviews, such as Google Business and Yelp), and Internet accounts related to the Franchised Business.
You shall immediately deliver to Franchisor, without any right to compensation therefore, the Manuals and all other manuals, records, correspondence, files, Customer Information, and all materials containing Confidential Information that are in your possession and all copies thereof (all of which are acknowledged to be the property of Franchisor).
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, several provisions within the franchise agreement continue to be enforceable even after the agreement expires or is terminated. Specifically, any covenants that require performance by either party after the agreement's end remain in effect. This ensures that certain obligations and responsibilities don't simply vanish once the franchise relationship concludes.
One key area of continued obligation involves the confidentiality of information. Franchisees must maintain the confidentiality of All Dogs Unleashed's proprietary and confidential information, using it only in connection with the former franchise operation. This obligation extends to not divulging such information to unauthorized parties, and it remains in force even after the franchise agreement is no longer active.
Another significant post-termination obligation concerns the use of All Dogs Unleashed's marks and copyrighted works. Upon termination or expiration, franchisees must immediately cease all use of the brand's trademarks, copyrighted materials, and confidential information. They must also cancel any assumed name registrations containing the marks and, if requested by All Dogs Unleashed, assign all rights to telephone numbers, email addresses, URLs, domain names, Internet listings, and Internet accounts related to the franchised business. This prevents former franchisees from continuing to benefit from the brand's identity and goodwill after the agreement ends.
Additionally, franchisees are obligated to return all manuals, workbooks, records, customer information, and other materials containing confidential information to All Dogs Unleashed upon termination or expiration. These materials are acknowledged to be the property of All Dogs Unleashed, and franchisees have no right to compensation for their return. This ensures that All Dogs Unleashed retains control over its proprietary resources and customer data.