Can All Dogs Unleashed seek injunctive relief for violations 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 the 2025 All Dogs Unleashed Franchise Disclosure Document, All Dogs Unleashed is entitled to seek injunctive relief for violations of the non-compete agreement. Specifically, All Dogs Unleashed retains the right to pursue claims against franchisees, guarantors, and owners for breaches of confidentiality or non-competition covenants. This means that All Dogs Unleashed can seek a court order to stop a franchisee from violating the non-compete terms outlined in the franchise agreement.
This ability to seek injunctive relief is coupled with the right to recover multiple damages, attorneys' fees, and all damages as provided by law for such violations. This provision enhances All Dogs Unleashed's ability to protect its interests and the integrity of its franchise system. It also serves as a deterrent to franchisees who might consider violating their non-compete obligations.
It is important to note that while franchisees waive any claim for punitive, multiple, and/or exemplary damages, this waiver does not apply to claims brought by All Dogs Unleashed against franchisees for breaches of non-competition covenants. This creates a legal asymmetry that favors the franchisor in disputes related to non-competition. Prospective franchisees should carefully consider the implications of this provision and seek legal counsel to fully understand their rights and obligations under the franchise agreement.