Does the Dog Haus franchise agreement specify that unresolved claims will be submitted to binding arbitration?
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) |
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 Franchise Agreement outlines a dispute resolution process. Initially, both parties agree to attempt to resolve any disputes through mediation in Los Angeles, California. This mediation must conclude within 45 days from the initial notice, unless both parties agree to extend the period in writing. The costs associated with the mediator are to be shared equally between Dog Haus and the franchisee.
If mediation fails to resolve the dispute, the Franchise Agreement stipulates that all unresolved claims between Dog Haus and the franchisee will be submitted to binding arbitration. This arbitration will also take place in Los Angeles, California. Similar to mediation, the fees and expenses of the arbitrator are to be shared equally by both parties. This clause is subject to applicable state laws, which may provide additional protections or requirements.
This mandatory arbitration clause means that a franchisee gives up the right to sue Dog Haus in court and instead must resolve disputes through a private arbitration process. While arbitration can sometimes be faster and less expensive than litigation, the arbitrator's decision is generally final and binding, with limited options for appeal. Prospective franchisees should consider the implications of this clause, including the location of arbitration (Los Angeles) and the cost-sharing arrangement, and consult with legal counsel to understand their rights and obligations.