Which provisions of the All Dogs Unleashed franchise agreement survive 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.
8.3. Confidentiality.
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.
- 8.4. Improvements.
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.
8.5. Ownership of Customer Information. You acknowledge and agree that all Customer Information belongs exclusively to Franchisor. You may use the Customer Information for the benefit of the Franchised Business and for no other purpose. Upon termination or expiration of this Agreement, you must return to Franchisor all materials containing or reflecting Customer Information. You may keep a copy of the materials solely for purposes of complying with applicable legal and tax requirements.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, certain covenants within the franchise agreement remain in effect even after the agreement expires or is terminated. Specifically, any covenants that require performance by either party after the termination date will continue to be enforceable. This means that franchisees must continue to uphold their obligations as defined in these surviving covenants, regardless of whether they are still operating an All Dogs Unleashed franchise.
One key area that survives termination relates to confidential information. Franchisees are obligated to maintain the confidentiality of all proprietary information, trade secrets, and operational methods of All Dogs Unleashed, even after the franchise agreement ends. This prevents former franchisees from using the knowledge gained during their time with All Dogs Unleashed to unfairly compete or benefit a competing business. This obligation extends not only to the franchisee but also to their employees who had access to such confidential information.
Another significant provision concerns improvements to the All Dogs Unleashed system. Any new concepts, processes, or improvements developed by the franchisee during the term of the agreement become the sole property of All Dogs Unleashed. This assignment of intellectual property rights survives the termination of the agreement, ensuring that All Dogs Unleashed retains control over any advancements made to its system, even those originating from its franchisees. Additionally, upon termination or expiration of the Franchise Agreement, the franchisee must return all materials containing customer information to All Dogs Unleashed, although they may keep a copy for legal and tax compliance purposes.