factual

What general activities is Central Bark Doggy Day Care allowed to engage in?

Central_Bark_Doggy_Day_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

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| Exhibit A | Owner's Guaranty and Assumption of Franchisee's Obligations | | | Exhibit B | Designated Area | |

FRANCHISE AGREEMENT

| THIS AGREEMENT, made as of, by and between Barkley | | |-----------------------------------------------------------------------------------------------|------------------------------| | Ventures Franchising, LLC, a limited liability company formed and operating under the laws of | | | the State of Delaware with a principal place of business at 3699 N. Dixie Hwy., Oakland Park, | | | Florida 33334, (hereinafter referred to as "Franchisor"), and | , whose principal address is (hereinafter "Franchisee"). | WHEREAS, Franchisor and its affiliates have developed and own a proprietary system (the "System") for operating canine care facilities under the CENTRAL BARK® brand, offering services such as dog day care, boarding, grooming, training, retail sales, and other authorized services (each, a "Central Bark Facility"); and

WHEREAS, the System includes proprietary marketing strategies, operational procedures, training programs, administrative systems, and product and equipment specifications, all of which may be updated by Franchisor from time to time; and

WHEREAS, Franchisor owns and licenses the trademarks, service marks, trade names, logos, and other commercial symbols associated with the CENTRAL BARK® brand (the "Marks"), which identify the System and distinguish Central Bark Facilities as operating to Franchisor's quality standards; and

WHEREAS, Franchisee desires to operate a Central Bark Facility using the System and the Marks in accordance with Franchisor's mandatory specifications, standards, operating procedures, and rules, as they may be updated from time to time ("System Standards"); and

WHEREAS, Franchisee acknowledges the importance of Franchisor's high and uniform standards of quality and service, and agrees to operate the Franchised Business in strict conformity with such standards; and

WHEREAS, Franchisee represents and warrants to Franchisor, as an inducement to Franchisor's execution of this Agreement, that all information provided in Franchisee's application and related materials is true, complete, and accurate, and that Franchisee has not made any misrepresentations or material omissions in obtaining the franchise;

NOW, THEREFORE, the parties, in consideration of the undertakings and commitments of each party to the other party set forth herein, hereby mutually agree as follows:

I GRANT OF FRANCHISE AND FRANCHISE FEE

A. GRANT OF FRANCHISE

Franchisor hereby grants unto Franchisee the right to use the Marks and the System for the operation of the Franchised Business continuously and without interruption throughout the term of this Agreement.

Franchisor will not, so long as this Agreement is in force and effect, and Franchisee is not in default under any of the terms hereof, operate or grant a franchise for the operation of any other Central Bark Facility located within the area described on Exhibit B attached hereto (hereinafter "Designated Area"). If Franchisee has not identified a site, and Franchisor has not approved a site and lease, by the time this Agreement is executed, then Exhibit B must be completed and signed by Franchisor and Franchisee after Franchisee has selected a site and signed a lease approved by Franchisor.

Franchisor retains the right, in Franchisor's sole discretion, and without granting any right to Franchisee:

    1. To operate and grant others the right to operate Central Bark Facilities anywhere outside the Designated Area;
    1. To operate and grant to others the right to operate a canine care facility offering day care, boarding services, grooming services, training, and a specialty retail boutique for dogs using any trademark or service mark (other than the Marks) at any location (including within the Designated Area) and on such terms and conditions as Franchisor deems appropriate;
    1. To sell the products authorized for Central Bark Facilities under the Marks, or under other trademarks and service marks, through similar or dissimilar channels of distribution and on such terms and conditions as Franchisor deems appropriate;
    1. To solicit orders by means of a catalogue, direct mail, mail order, cable television sales, internet, or other means within or outside Franchisee's Designated Area;
    1. To acquire or be acquired (whether through an acquisition of assets or ownership interests, regardless of the form of transaction), by a business providing products and services the same as or similar to those provided at Central Bark Facilities, or by another business, even if such business operates, franchises and/or licenses competitive businesses in the Designated Area; and
      1. To engage in any activities not expressly prohibited under this Agreement.

Franchisee agrees that Franchisee will at all times faithfully, honestly and diligently perform Franchisee's obligations hereunder, continuously exert Franchisee's best efforts to promote and enhance the Franchised Business and not engage in any other business or activity that may conflict with Franchisee's obligations hereunder. Franchisee may not operate the Franchised Business at any other site, except as set forth herein, without Franchisor's prior written consent. Franchisee may not solicit orders by means of a catalogue, direct mail, mail order, cable television sales, internet, or other means, without the prior written consent of Franchisor, which consent may be withheld at Franchisor's sole and exclusive discretion.

B.

Source: Item 23 — Receipts (FDD pages 53–106)

What This Means (2025 FDD)

According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, franchisees are granted the right to use the Central Bark Doggy Day Care system and associated trademarks to operate a canine care facility. This includes offering services such as dog day care, boarding, grooming, training, retail sales, and other authorized services. The Central Bark Doggy Day Care system encompasses proprietary marketing strategies, operational procedures, training programs, administrative systems, and product and equipment specifications, which may be updated by the franchisor. Franchisees must operate their Central Bark Doggy Day Care facilities in accordance with the franchisor's mandatory specifications, standards, operating procedures, and rules.

Central Bark Doggy Day Care retains the right to operate or franchise other canine care facilities outside the franchisee's designated area. They can also operate or franchise facilities offering similar services (day care, boarding, grooming, training, retail) under different trademarks, even within the franchisee's designated area. Central Bark Doggy Day Care is also permitted to sell authorized products through various distribution channels and solicit orders through catalogs, direct mail, internet, or other means, regardless of the franchisee's designated area. Additionally, Central Bark Doggy Day Care can engage in business acquisitions, even with businesses that compete with existing Central Bark Doggy Day Care locations. Finally, Central Bark Doggy Day Care can engage in any activities not expressly prohibited in the franchise agreement.

However, franchisees are restricted from certain activities. They cannot have direct or indirect interest in a competitive business, except other Central Bark Doggy Day Care locations under franchise agreements with the franchisor. Franchisees are prohibited from divulging confidential information about suppliers, sales methods, or trade secrets. They cannot work for a competitive business as a director, officer, manager, employee, consultant, or agent, except for other franchised Central Bark Doggy Day Care locations. Franchisees are not allowed to divert business or customers to competitors or perform any actions that harm the goodwill associated with Central Bark Doggy Day Care's trademarks and system. They are also prohibited from appropriating, using, or duplicating the Central Bark Doggy Day Care system or standards for use in any other business. Lastly, franchisees cannot disparage Central Bark Doggy Day Care or its brand.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.