Does the Dog Haus agreement state that it is specifically enforceable?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.4 Specific Performance.
Franchisor and Area Developer acknowledge that each Party would be irreparably damaged if the provisions of this Agreement were not capable of being specifically enforced, and for this reason, Franchisor and Area Developer agree that the provisions of this Agreement shall be specifically enforceable.
Franchisor and Area Developer further agree that any act or failure to act which does not strictly comply with the provisions and conditions of this Agreement may be specifically restrained, and that the equitable relief provided for in this Agreement shall not in any way limit or deny any other remedy at law or in equity that either Franchisor or Area Developer might otherwise have.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the agreement between the franchisor and the area developer is specifically enforceable. Both parties acknowledge that irreparable damage would occur if the agreement's provisions could not be specifically enforced. Therefore, both Dog Haus and the area developer agree that the provisions of the agreement will be specifically enforceable.
Furthermore, any action or inaction that does not strictly comply with the agreement's provisions may be specifically restrained. The availability of equitable relief does not limit or deny any other legal or equitable remedy that either Dog Haus or the area developer might otherwise have. This ensures that both parties can seek legal remedies beyond specific performance if other breaches occur.
This clause is significant for prospective franchisees as it highlights the importance of adhering to the franchise agreement. It also means Dog Haus can seek a court order compelling a franchisee to perform their obligations under the agreement, rather than only seeking monetary damages. This is a strong protection for the Dog Haus system and brand standards.