Who has the right to use the monies in the All Dogs Unleashed Brand Development Fund?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
ces; conducting public relations activities; charitable donations; membership fees in international, national, regional, and/or local trade or other associations or
organizations. Franchisor also may use Fund monies to reimburse itself for its costs of personnel and other administrative and overhead costs associated with providing the services described in this Section.
- 9.3.2. The parties acknowledge that Franchisor owns all rights, and retains all copyrights, in all design and content developed using Fund monies, and that Franchisor will have sole control over the creative concepts, content, form, and media placement of all advertising and promotional materials developed with Fund monies, and the allocations of Fund monies to production, placement, and other costs. Franchisor will own all copyright in any works created using Fund monies. Franchisee acknowledges and agrees that Franchisor is not obligated to expend Fund monies for placement of advertising in Franchisee's trading area, or to ensure that the Franchised Business benefits directly or pro rata from the expenditure of Fund monies. We will not use Fund monies for creating or placing any advertisement that is principally a solicitation for new franchisees, but we may include in all advertising prepared using Fund monies (including Internet advertising) information concerning franchise opportunities, and a portion of Fund monies may be used to create and maintain one or more pages on our website devoted to advertising franchise opportunities and identifying and screening inquiries and applications submitted by franchise candidates. Any amounts contributed to the Fund that are not spent in the year they are collected will remain in the Fund for use during the next year. Franchisor has no fiduciary duty to Franchisee or to any other person with respect to the collection or expenditure of Fund monies. Upon Franchisee's reasonable request, Franchisor will provide Franchisee an annual statement of Fund contributions and expenditures.
- 9.3.3. Although the Brand Development Fund is intended to be perpetual, Franchisor may terminate the Fund at any time. The Fund will not be terminated, however, until all Fund monies have been spent as provided in this Section 9.3.3. or returned to the Fund contributors on the basis of their respective contributions. Any amounts contributed to the Fund that are not spent in the year they are collected will remain in the Fund for future expenditures.
- 9.4.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the franchisor has the right to use the monies in the Brand Development Fund. Specifically, All Dogs Unleashed may use these funds for various advertising, marketing, and promotional activities to support the All Dogs Unleashed brand. This includes covering the costs of personnel and other administrative expenses associated with providing these services.
The FDD emphasizes that All Dogs Unleashed has sole control over the creative aspects, content, and media placement of all advertising and promotional materials developed using the Brand Development Fund. This control extends to how the funds are allocated across different production, placement, and other related costs. While the fund is intended to benefit the entire All Dogs Unleashed system, the franchisor is not obligated to spend fund monies specifically in a franchisee's trading area or ensure that each franchised business benefits directly or proportionally from these expenditures.
All Dogs Unleashed also states that it will not use the Brand Development Fund to create or place advertisements that primarily solicit new franchisees. However, the franchisor may include information about franchise opportunities in any advertising prepared using fund monies, including online advertising. A portion of the fund can be used to maintain website pages dedicated to advertising franchise opportunities and screening potential candidates. Any unspent funds in a given year will remain in the fund for use in subsequent years.
The document explicitly states that All Dogs Unleashed has no fiduciary duty to the franchisee or any other person regarding the collection or expenditure of fund monies. However, upon a franchisee's reasonable request, All Dogs Unleashed will provide an annual statement of fund contributions and expenditures. Although the Brand Development Fund is intended to be perpetual, All Dogs Unleashed retains the right to terminate the fund at any time, provided that all fund monies have been spent as outlined in the agreement or returned to the contributors based on their respective contributions.