Under what authority are All Dogs Unleashed arbitrations conducted?
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.
- (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)
Based on the 2025 All Dogs Unleashed Franchise Disclosure Document, the document does not specify under what authority arbitrations are conducted. The FDD does include information regarding damage waivers, stipulating that parties expressly waive any claim for punitive, multiple, and/or exemplary damages. However, this waiver does not apply to the franchisee's obligation to indemnify All Dogs Unleashed or to claims brought by All Dogs Unleashed against the franchisee for unauthorized use of marks, confidential information, unfair competition, or breaches of confidentiality or non-competition covenants under the Agreement, or any cause of action under the Lanham Act. In these cases, All Dogs Unleashed is entitled to receive an award of multiple damages, attorneys' fees, and all damages as provided by law.
The FDD also states that in the event that punitive, multiple, and/or exemplary damages may not be waived due to a final determination, adjudication, or applicable enactment of law, any recovery by any party in any arbitration or other forum must never exceed 2 times actual damages. An exception to this is if the franchisee commits acts of willful trademark infringement or otherwise violates the Lanham Act, in which case All Dogs Unleashed may recover more than 2 times their actual damages, as provided by law.
Furthermore, the All Dogs Unleashed franchise agreement specifies that any arbitration or litigation between the franchisee and All Dogs Unleashed will be on an individual basis. The claim or claims subject to arbitration and/or litigation must not be arbitrated or litigated on a class-wide, associational, or collective basis. This means that franchisees cannot participate in class action lawsuits against the franchisor.