Are there any claims that are exempt from the mediation and arbitration requirements for All Dogs Unleashed disputes?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | Section 15.2 | For a two-year period following expiration, termination or transfer of the franchise, neither you nor your owners may (i) perform dog training, grooming, or boarding services for any customer or former customer of the Franchised Business or (ii) own, maintain, advise, operate, engage in, be employed by, make loans to, or have any interest in any business providing dog training, grooming, or boarding services within or within 25 miles from the perimeter of your former Service Area, or within or within 25 miles of the perimeter of any other ALL DOGS UNLEASHED business no diversion of any present or prospective customer of ours to a competitor; no solicitation of ours or any of our affiliate's management employees. |
| s. | Modification of the agreement | Sections 18.1 and 18.2 | Must be in writing and signed by all parties |
| t. | Integration/merger clause | Sections 18.1 and 18.2 | Only the terms of the franchise agreement and other related written agreements are binding (subject to federal law). Any other promises may not be enforceable. Nothing in the franchise agreement or any other related agreement is intended to disclaim representations contained in this franchise disclosure document. Any representations or promises outside of the Franchise Disclosure Document and other agreement may not be enforceable. |
| u. | Dispute resolution by arbitration or mediation | Sections 19.2 and 19.3 | Claims, controversies, or disputes from or relating to the franchise agreement must be mediated, except for actions seeking injunctive relief and actions we bring which are related to or based on our Marks or Confidential Information. If the claims, controversies, or disputes are not resolved in mediation, they must be submitted for arbitration (subject to relevant state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 30–38)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, not all claims are subject to mediation and arbitration. Specifically, actions seeking injunctive relief and actions brought by All Dogs Unleashed related to or based on their Marks or Confidential Information are exempt from the mediation and arbitration requirements.
This means that if All Dogs Unleashed seeks a court order to stop a franchisee from violating the franchise agreement (injunctive relief) or if they bring a case related to their trademarks or confidential business information, they are not required to go through mediation or arbitration first. They can proceed directly to court.
For a prospective franchisee, this is important to understand because it clarifies the dispute resolution process. While most disputes must go through mediation and possibly arbitration, All Dogs Unleashed retains the right to immediately pursue legal action in certain situations, potentially expediting the resolution of critical issues related to brand protection and confidential data.