Is the California choice of law for Dog Haus subject to applicable state law?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
| Section In | |||
|---|---|---|---|
| Franchise | |||
| Agreement | |||
| (Exhibit A) and | |||
| in Remote | |||
| Kitchen | |||
| Addendum | |||
| Provision | (Exhibit C) | Summary | |
| s. | Modification of the | Franchise | The Franchise Agreement can be modified or amended only by |
| agreement | Agreement | written agreement of all of the parties. The Manuals are subject | |
| Sections 6.5 and | to change at any time. You must comply with any changes set | ||
| 21.5; Remote | forth in the Manuals. Remote Kitchen Addendum can be | ||
| Kitchen | modified or amended only by written agreement of all the | ||
| Addendum | parties. (Remote Kitchen Addendum) | ||
| Section 9.2 | |||
| t. | Integration/ merger | Franchise | Only the terms of the Franchise Agreement and other related |
| clause | Agreement | written agreements are binding (subject to applicable state law). | |
| Section 21.5; | Any | ||
| representations or | |||
| promises | |||
| outside | |||
| the disclosure | |||
| Remote Kitchen | document and franchise agreement may not be enforceable. | ||
| Addendum | Only the terms of the Franchise Agreement and Remote Kitchen | ||
| Section 9.2; | Addendum and its exhibits are binding (subject to applicable | ||
| state law). No other representations or promises will be binding. | |||
| (Remote Kitchen Addendum) | |||
| u. | Dispute resolution by | Franchise | You agree to attempt any dispute first by mediation, which will |
| arbitration or | Agreement | occur in Los Angeles, California. Mediation must be completed | |
| mediation | Sections 19.1 | within 45 days following the date either party first gives notice | |
| and 19.2 | of mediation, unless otherwise agreed in writing. The fees and | ||
| expenses of the mediator will be shared equally by you and us. | |||
| If the parties cannot resolve and settle the dispute through | |||
| mediations, all unresolved claims between you and us will be | |||
| submitted to binding arbitration, which will occur in Los | |||
| Angeles, California. The fees and expenses of the arbitrator will | |||
| be shared equally by you and us. | |||
| (subject to applicable state law) | |||
| v. | Choice of forum | Franchise | All proceedings will be held in Los Angeles County, California, |
| Agreement | subject to applicable state law. See the State Specific Addenda | ||
| Section 19.3 | (Exhibit H) attached to this Disclosure Document. | ||
| w. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 63–72)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the choice of law is California, but this is subject to exceptions and applicable state law as detailed in Section 19.3 of the Franchise Agreement and the State Specific Addenda (Exhibit H). This means that while California law generally governs the franchise agreement, there may be specific situations or legal requirements where the laws of the state in which the franchise is located will take precedence. Prospective franchisees should carefully review Section 19.3 and Exhibit H to understand these exceptions.
This provision is included in both the standard Franchise Agreement and the Area Development Agreement, indicating its importance across different types of franchise relationships with Dog Haus. The State Specific Addenda (Exhibit H) is a critical document that franchisees must review, as it outlines any state-specific modifications or exceptions to the standard California choice of law. This ensures that the franchise agreement complies with local regulations and protects the franchisee's rights under state law.
For a prospective franchisee, this means that while the Dog Haus franchise agreement is generally interpreted under California law, the laws of their specific state may also apply in certain situations. It is essential to consult with a legal professional to understand how these state-specific addenda might affect their rights and obligations under the franchise agreement. This ensures that franchisees are fully aware of their legal standing and can operate their Dog Haus franchise in compliance with all applicable laws.