Does the Canine Dimensions franchise agreement establish a relationship of franchisor and franchisee?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS
- A. Franchisor has developed and owns a system (the "System") relating to the establishment, development, and operation of franchises which provide in-home dog training, behavior modification and consulting services to dog owners, and which may also offer boarding, board and train, group lessons, and other complementary products.
- B. Franchisor identifies the System by means of certain trade names, service marks, trademarks, and indicia of origin, including but not limited to the mark and logo "Canine Dimensions", and such other trade names, service marks, and trademarks as are now designated (and may later be designated by Franchisor in writing) for use in connection with the System (the "Marks").
- C. Franchisee desires to operate a franchise under the System and wishes to obtain a franchise from Franchisor for that purpose, as well as to receive the training and other assistance provided by Franchisor, and Franchisee understands and acknowledges the importance of operating the franchised business in conformity with Franchisor's standards and specifications.
In consideration of the undertakings and commitments of each party to the other party in this Agreement, the parties agree as follows:
1. GRANT
1.1 Franchised Business
Franchisor grants to Franchisee, upon the terms and conditions herein contained, the right, license, and privilege, and Franchisee undertakes the obligation, to operate a Canine Dimensions franchise (the "Franchise" or "Franchised Business") and to use solely in connection with it the Marks, the Authorized Products and Services, and the System, as they may be changed, improved, and further developed from time to time, only from the Approved Location.
1.2 Approved Location
The street address of Franchisee's approved location is written on Schedule A to this Agreement (the "Approved Location"), which is Franchisee's home. Franchisee shall not relocate the Franchised Business without the express prior written consent of Franchisor. Franchisee's new location must be within its Protected Territory (as described in Section 1.3 below), except that if Franchisee chooses to move its home to a location outside of the Protected Territory, Franchisor may require Franchisee to obtain rented space within the Protected Territory from which to operate the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the franchise agreement explicitly establishes a franchisor-franchisee relationship. The agreement grants the franchisee the right and obligation to operate a Canine Dimensions franchise, utilizing the Canine Dimensions system, marks, and approved products and services. This arrangement is subject to the terms and conditions outlined within the franchise agreement.
The agreement also specifies that the franchisee must identify themselves as the owner of the franchised business in conjunction with the use of Canine Dimensions' marks on business documents and must include a disclaimer stating that each Canine Dimensions business is independently owned and operated. This highlights the franchisee's independent ownership while still operating under the Canine Dimensions brand and system.
Furthermore, upon termination or expiration of the franchise agreement, the franchisee must cease operating the franchised business and discontinue using any confidential methods, procedures, or trademarks associated with the Canine Dimensions system. This underscores the temporary nature of the rights granted to the franchisee and the importance of maintaining the integrity of the Canine Dimensions brand and system.
Any legal actions related to the franchise agreement must be brought in a court of competent jurisdiction in the State of Florida, where Canine Dimensions has its principal place of business. This clause ensures that legal matters are handled in a specific location, potentially adding cost for franchisees located outside of Florida.