Are All Dogs Unleashed's rights under the Guaranty in addition to other available rights or in lieu of them?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree that each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Guaranty.
If all or any portion of a covenant in this Guaranty is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an un-appealed final decision to which Franchisor is a party, I expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in and made a part of this Guaranty.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the covenants within the Personal Guaranty are designed to be independent of each other. This means that each individual promise or restriction outlined in the Guaranty stands on its own.
If a court finds any part of a covenant in the Guaranty to be unreasonable or unenforceable, the guarantor still agrees to be bound by a lesser covenant within the original one, to the maximum extent allowed by law. This ensures that All Dogs Unleashed can still enforce some level of protection, even if the original clause is deemed too broad.
For a prospective All Dogs Unleashed franchisee, this clause in the Guaranty means that the franchisor has several avenues for protecting its interests. Even if one part of the agreement is challenged, other parts remain in effect, and the franchisor can pursue the maximum level of enforcement that the law allows. This provides All Dogs Unleashed with a stronger position in upholding the terms of the franchise agreement.