What is the deadline for the Area Developer to notify Dog Haus of a Force Majeure event?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
If Area Developer is unable to meet the Minimum Development Obligation for any Development Period solely as the result of Force Majeure or any legal disability of Franchisor to deliver a Disclosure Document pursuant to Section 5.4, which results in the inability of Area Developer to construct and Open the Dog Haus Restaurants as required by this Agreement, Area Developer shall provide Franchisor, within ten (10) days after the occurrence of an event that Area Developer believes is an event of Force Majeure, with notice of the specific nature and extent of the Force Majeure and an explanation as to how the event has delayed Area Developer's performance under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, an Area Developer must notify Dog Haus within ten days after the occurrence of an event they believe constitutes a Force Majeure. This notification must include the specific nature and extent of the Force Majeure event and explain how it has delayed the Area Developer's performance under the Area Development Agreement.
Force Majeure, as defined in the FDD, includes events that were reasonably unforeseeable, beyond the control of either party, and could not have been prevented with reasonable effort. Examples include acts of God, strikes, war, governmental actions, and pandemics. However, a Force Majeure event does not relieve the Area Developer of the obligation to pay fees owed to Dog Haus.
This notification requirement is crucial because failure to provide timely notice could result in Dog Haus determining that the Area Developer is in default of their obligations. By providing notice within the specified timeframe, the Area Developer can potentially avoid penalties or termination of the Area Development Agreement due to circumstances beyond their control. This allows Dog Haus to assess the situation and potentially extend deadlines for performance, as determined by Dog Haus.