Is a Dog Haus franchisee solely responsible for the selection of the proposed site for their Franchised Restaurant?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- Site Selection Assistance. We will provide you with our site criteria that include the factors we consider in accepting Franchised Restaurant locations, such as general location and neighborhood, traffic patterns, parking, size, physical characteristics of existing buildings and lease terms. Upon locating a proposed site, you must submit in writing certain information we request in the form we prescribe. (Franchise Agreement, Section 5.1). You are solely responsible for selection of the proposed site of your Franchised Restaurant, which will be subject to our review and acceptance. After you sign your Franchise Agreement, you must identify one or more sites that meet our then current standards and specifications and submit the site to us for approval. We will notify you in writing whether the site is accepted or rejected within about 30 days after we receive all of the information we require to evaluate the site If you are purchasing the site for your Franchised Restaurant, you must submit the purchase contract to us for acceptance at least 15 days before you sign it and provide us with a fully signed copy within 15 days of the closing of the purchase transaction.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, MARKETING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 38–53)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for selecting the site for their Franchised Restaurant. However, this selection is subject to review and acceptance by Dog Haus. The FDD states that after signing the Franchise Agreement, the franchisee must identify potential sites that meet Dog Haus's standards and specifications and submit them for approval. Dog Haus will then notify the franchisee in writing whether the site is accepted or rejected, typically within 30 days after receiving all required information. If the franchisee is purchasing the site, the purchase contract must be submitted to Dog Haus for acceptance at least 15 days before signing, with a fully signed copy provided within 15 days of closing.
Dog Haus provides site criteria that include factors they consider important, such as general location, neighborhood, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms. The franchisee must also submit demographic and other information about the proposed site and surrounding areas as required by Dog Haus. This ensures that the location aligns with Dog Haus's strategic objectives and brand standards.
Furthermore, if the franchisee is operating a Fast Casual Restaurant or Biergarten, the proposed lease must be submitted to Dog Haus for approval at least 15 days in advance to ensure that it includes the required provisions outlined in Section 5.2 of the Franchise Agreement and/or that an Option to Obtain Lease Assignment is executed in the specified form. The lease must not obligate Dog Haus in any manner or contain any provisions inconsistent with the Franchise Agreement. Additionally, the franchisee and landlord must enter into Dog Haus's Option to Obtain Lease Assignment, and the lease must include specific clauses related to amendments, assignments, subletting, and Dog Haus's rights in case of default or termination.
In summary, while the franchisee is responsible for identifying and initially selecting the site, Dog Haus retains significant control over the final site selection through its review and approval process, ensuring that the location meets its standards and protects its interests. This collaborative approach aims to balance the franchisee's local market knowledge with Dog Haus's brand and operational requirements.