Does the Dog Haus franchise agreement define 'Affiliate'?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Dog Haus Proprietary Products" means Dog Haus food products, beverages, packaging and other items that are produced or manufactured strictly in accordance with the Dog Haus Trade Secrets or that Franchisor or its Affiliates otherwise designate as proprietary.
If and when Franchisor creates a Cooperative Marketing Program for the a marketing coverage area (an "Marketing Coverage Area") in which the Franchised Restaurant is located,
Franchisee (and, if Franchisor or an Affiliate of Franchisor owns a Franchised Restaurant in the Marketing Coverage Area, then Franchisor or such Affiliate of Franchisor), shall become a subscriber and member of the Cooperative Marketing Program and shall participate in the Cooperative Marketing Program in the manner prescribed by Franchisor.
If this Agreement is for Franchisee's, or any Affiliate's, second or subsequent Franchised Restaurant, Franchisor will not provide on-site training and assistance. On-site opening assistance shall not be provided by Franchisor if (i) Franchisee or any Affiliate of Franchisee owns or operates at least one (1) Dog Haus Restaurant as of the Effective Date
Franchisee acknowledges and agrees that in addition to any other rights and remedies to which Franchisor and its Affiliates may be entitled, Franchisor and its Affiliates may enforce any rights and remedies of a secured party under the UCC as enacted in the state where the Franchised Location is located, pursuant to the security interest granted in Section 4.8, including, without limitation, the right to enter the Franchised Location to remove and repossess any products or goods in which Franchisor or its Affiliates have been granted a security interest, without notice to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
Based on the 2025 Dog Haus Franchise Disclosure Document, the term 'Affiliate' is used throughout the document, but is not explicitly defined. For example, Dog Haus Proprietary Products are defined as food products, beverages, packaging and other items that are produced or manufactured strictly in accordance with the Dog Haus Trade Secrets or that Franchisor or its Affiliates otherwise designate as proprietary.
Dog Haus may establish programs for co-operative marketing to coordinate marketing efforts. If Dog Haus or an Affiliate of Dog Haus owns a Franchised Restaurant in the Marketing Coverage Area, then Dog Haus or such Affiliate of Dog Haus, shall become a subscriber and member of the Cooperative Marketing Program and shall participate in the Cooperative Marketing Program in the manner prescribed by Dog Haus.
If this Agreement is for Franchisee's, or any Affiliate's, second or subsequent Franchised Restaurant, Dog Haus will not provide on-site training and assistance. On-site opening assistance shall not be provided by Dog Haus if (i) Franchisee or any Affiliate of Franchisee owns or operates at least one (1) Dog Haus Restaurant as of the Effective Date. Franchisee acknowledges and agrees that in addition to any other rights and remedies to which Dog Haus and its Affiliates may be entitled, Dog Haus and its Affiliates may enforce any rights and remedies of a secured party under the UCC as enacted in the state where the Franchised Location is located.