What does 'Applicable Law' mean in the context of a Dog Haus franchise agreement?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to Applicable Law.
Whenever there is any conflict between any provisions of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but in that event, the provisions of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
In the event that any part, article, paragraph, sentence or clause of this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, the indefinite, invalid or unenforceable provision shall be deemed deleted, and the remaining part of this Agreement shall continue in full force and effect.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
According to the 2025 Dog Haus Franchise Disclosure Document, 'Applicable Law' refers to the statutes, laws, ordinances, or regulations that Dog Haus franchisees must follow. The franchise agreement is written so that franchisees will not be required to perform any action that violates these laws. If any part of the agreement conflicts with current or future laws, statutes, ordinances, or regulations that the parties cannot legally override, the law will take precedence.
This means that if a specific clause in the Dog Haus franchise agreement is found to be unenforceable due to conflicting with a law, the clause will be adjusted or removed to comply with the law, but the rest of the agreement will remain valid. This ensures that the franchise agreement remains enforceable to the greatest extent possible.
Dog Haus also requires franchisees to obtain all fictitious or assumed name registrations required by the franchisor or under Applicable Law. Additionally, Dog Haus can seek injunctive relief to prevent any act or omission by a franchisee or its employees that violates Applicable Law, threatens the franchise system, or threatens other franchisees. Furthermore, franchisees may be required to make structural changes to their restaurant to comply with Applicable Law, as requested by Dog Haus.
This clause protects both the franchisee and Dog Haus by ensuring that the franchise operation remains compliant with all relevant legal requirements. It also gives Dog Haus the ability to enforce compliance with laws through legal means, such as injunctions, to protect the brand and the franchise system.