Are representations or promises outside the Canine Dimensions Franchise Disclosure Document and Franchise Agreement enforceable?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in | Summary | |
|---|---|---|---|
| Franchise Agreement | (g) Prior to the date of transfer, your transferee must complete our training program to our satisfaction. | ||
| n. Franchisor’s right of first refusal to acquire franchisee's business | Section 13.5 | We can match any bona fide written offer for your Franchised Business. | |
| o. Franchisor’s option to | Section 15.4 | Upon expiration or termination, we can buy your personal property, | |
| purchase franchisee's | fixtures, equipment, and inventory related to your Franchised | ||
| business | Business. | ||
| p. Death or disability of franchisee | Section 13.6 | Within thirty (30) days of death or disability, the Franchise must be operated by a person who has been approved by us and passed our Initial Training Program. The Franchise must be transferred to an approved individual or entity within 6 months of death or incapacity. We must approve all transfers. | |
| q. Non-competition | Article 16 | You must not be in a competing business anywhere and must not | |
| covenants during the term of | attempt to divert customers of your Franchised Business to any | ||
| the franchise | competitive business. | ||
| r. Non-competition covenants after the franchise is terminated or expires | Article 16 | You may not divert business to any competitor or employ or contract with any of our or another franchisee’s personnel. In addition, for two years after termination or expiration, you may not have any involvement in a competing business within: (a) 30 miles of your Protected Territory; or (b) 50 miles of any Canine Dimensions Business. | |
| s. Modification of the | Article 21 | Changes to the Franchise Agreement must be made in writing and | |
| agreement | agreed to by both parties. | ||
| t. Integration/merger clause | Article 21 | Only the terms of the Franchise Agreement are binding (subject to state law). Nothing in the agreement or in any related agreement is intended to disclaim the representations we made in the Franchise Disclosure Document. Any representations or promises outside the Franchise Disclosure Document and Franchise Agreement may not be enforceable. | |
| u. Dispute resolution by arbitration or mediation | Article 23 | Subject to federal and your state’s law, all disputes, except as explicitly listed in the Franchise Agreement, must be submitted to non-binding mediation in accordance with the commercial arbitration rules of the American Arbitration Association. If unsuccessful, the dispute must be submitted to arbitration within five miles of our headquarters in Florida. |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 30–32)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, any representations or promises made outside of the Franchise Disclosure Document (FDD) and the Franchise Agreement may not be enforceable. Specifically, Item 19 addresses financial performance representations, emphasizing that Canine Dimensions does not authorize its employees or representatives to make financial performance representations, either orally or in writing, beyond what is included in the FDD.
This means that a prospective Canine Dimensions franchisee should rely solely on the information contained within the FDD and the Franchise Agreement when making their investment decision. If a franchisee receives any financial performance information or projections of future income from sources other than the FDD, they are advised to report it to Canine Dimensions's management, the Federal Trade Commission, and the appropriate state regulatory agencies. This is to protect potential franchisees from misleading or inaccurate information.
This type of clause is common in franchise agreements to ensure that both the franchisor and franchisee are clear on the terms and conditions of the franchise relationship. It also protects the franchisor from being held liable for representations made by employees or representatives that are not consistent with the official documents. Franchisees should be diligent in their due diligence and seek legal counsel to review the FDD and Franchise Agreement before signing any agreements.