What state's laws govern the Central Bark Doggy Day Care Franchise Agreement?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary |
|---|---|---|
| 10 mile radius of any CENTRAL BARK facility (same restrictions apply after transfer) | ||
| s. Modification of the agreement | FA - XXV. MUFA – 10.12 | No modifications except in writing, but We may change Operating Manual No modifications except in writing |
| t. Integration/merger clause | FA - XXV. MUFA – 10.12 | Only the terms of the Franchise Agreement are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the Franchise Agreement or any related agreement is intended to disclaim our representations made in the Disclosure Document. Only the terms of the MUFA are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the MUFA or any related agreement is intended to disclaim our representations made in the Disclosure Document. |
| u. Dispute resolution by arbitration or mediation | FA - XXX. and MUFA – 10.16 | We and you must arbitrate all disputes at a location within 50 miles of our or, as applicable, its successor’s or assign’s then- current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| v. Choice of forum | FA - XXVIII. and MUFA -10.8 | Subject to arbitration requirement, litigation generally must be in courts nearest our or, as applicable, its successor’s or assign’s then-current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| w. Choice of law | FA - XXVII. and MUFA – 10.7 | Except for U.S. Federal Arbitration Act and other federal laws in the U.S., laws of the State of Florida (subject to state law) |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 38–42)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the Franchise Agreement and Multi-Unit Franchise Agreement are governed by the laws of the state of Florida. Specifically, excluding the U.S. Federal Arbitration Act and other federal laws, Florida law prevails. However, this is subject to state law, implying that certain state-specific regulations may also apply.
This means that the interpretation and enforcement of the franchise agreement will primarily be based on Florida's legal framework. Any disputes or legal proceedings related to the agreement would likely be subject to Florida law, unless federal law takes precedence.
Prospective franchisees should be aware that while Florida law generally governs the agreement, they should also consult with legal counsel to understand how their own state's laws might interact with or affect the franchise agreement. This is particularly important because the FDD explicitly states that the choice of law is 'subject to state law'.