Does the Dog Haus choice of law provision have any exceptions?
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. | Choice of law | Franchise | California, subject to the exception provided in Section 19.3 of |
| Agreement | the Franchise Agreement and applicable state law. | ||
| Section 19.3 | See the State Specific Addenda (Exhibit H) attached to this | ||
| Disclosure Document. | |||
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. Specifically, Section 19.3 of the Franchise Agreement and applicable state law may provide exceptions to California law being applied.
For a prospective franchisee, this means that while California law generally governs the franchise agreement, there might be instances where the laws of another state take precedence. This could occur due to specific provisions within Section 19.3 of the Franchise Agreement or because state-specific addenda (Exhibit H) modify the choice of law.
It is important for a potential Dog Haus franchisee to carefully review Section 19.3 of the Franchise Agreement and Exhibit H, which contains the State Specific Addenda, to understand the circumstances under which laws other than California's might apply. Consulting with a legal professional is advisable to fully grasp the implications of these exceptions and how they could affect the franchisee's rights and obligations.