What specific items are included in the claims that All Dogs Unleashed will not arbitrate?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
arbitration provision in this Agreement is unenforceable. Each party agrees that it has had full opportunity to consult with counsel concerning this waiver, and that this waiver is informed, voluntary, intentional, and not the result of unequal bargaining power.
- (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.
- (c) Each of the parties EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION, ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM MUST NEVER EXCEED 2 TIMES ACTUAL DAMAGES, except that we may recover more than 2 times our actual damages if you commit acts of willful trademark infringement or otherwise violate the Lanham Act, as provided by law.
- (d) No Class or Collective Actions. You agree that any arbitration, or, if applicable, litigation, between you (or any of your owners or guarantors), on the one hand, and us or any All Dogs Unleashed Franchise Related Party, on the other hand, will be on that party's individual claim and that the claim or claims subject to arbitration and/or litigation must not be arbitrated or litigated on a class-wide, associational or collective basis.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the standard franchise agreement contains an arbitration provision that the parties agree is unenforceable. However, the franchisee is still obligated to indemnify All Dogs Unleashed under any provision of the agreement.
Additionally, All Dogs Unleashed retains the right to bring claims against the franchisee, their guarantors, and owners for specific actions. These include unauthorized use of the All Dogs Unleashed Marks, unauthorized use or disclosure of any Confidential Information, unfair competition, breach of confidentiality or non-competition covenants within the agreement, and any cause of action under the Lanham Act. In these specific cases, All Dogs Unleashed is entitled to receive an award of multiple damages, attorneys' fees, and all damages as provided by law.
Furthermore, the agreement specifies that any arbitration or litigation will be conducted on an individual basis. This means franchisees waive the right to participate in class-wide, associational, or collective actions against All Dogs Unleashed. This clause ensures that any disputes are handled on a case-by-case basis, preventing franchisees from joining together in a single legal action.