Can All Dogs Unleashed seek injunctive relief for a 'potential' breach of the non-compete agreement?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Damage Waiver. Each of the parties EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES; except that this waiver and limitation does not apply with respect to (a) your obligation to indemnify us under any provision of this Agreement, or (b) any claims we bring against you and/or your guarantors and/or your owners for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, unfair competition, breach of your confidentiality or non-competition covenants under this Agreement, and/or any cause of action under the Lanham Act, and we are entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, All Dogs Unleashed can seek injunctive relief for a breach of the non-competition covenants. Specifically, All Dogs Unleashed can pursue claims against franchisees and their guarantors/owners for the unauthorized use or disclosure of confidential information, unfair competition, or breach of confidentiality or non-competition agreements.
This means that if a franchisee violates the non-compete agreement, All Dogs Unleashed has the right to seek legal remedies, including injunctive relief, to prevent further violation. Injunctive relief is a court order that requires the franchisee to stop the prohibited behavior. This is in addition to other potential damages All Dogs Unleashed could pursue.
This clause protects All Dogs Unleashed's interests by allowing them to take swift action against franchisees who violate the terms of their agreements, particularly concerning competition and confidential information. Prospective franchisees should understand that All Dogs Unleashed intends to vigorously defend its business model and proprietary information through legal means if necessary.