In Indiana, can Dog Haus require a franchisee to prospectively assent to a release that relieves any person from liability imposed by Indiana law?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
THE STATE OF MICHIGAN PROHIBITS CERTAIN UNFAIR PROVISIONS THAT ARE SOMETIMES IN FRANCHISE DOCUMENTS. IF ANY OF THE FOLLOWING PROVISIONS ARE IN THESE FRANCHISE DOCUMENTS, THE PROVISIONS ARE VOID AND CANNOT BE ENFORCED AGAINST YOU.
Each of the following provisions is void and unenforceable if contained in any documents related to a franchise:
- B.
A requirement that a franchisee assent to a release, assignment, novation, waiver or estoppel which deprives a franchisee of rights and protections provided in the Michigan Franchise Investment Act.
The parties to the Franchise Agreement hereby acknowledge and agree that:
-
- However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the nonwaiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
Based on the 2025 Dog Haus Franchise Disclosure Document, there is no specific addendum for Indiana that addresses the enforceability of waivers or releases under Indiana franchise law. However, several other states have addenda that address waivers. For example, the Michigan addendum states that a requirement that a franchisee assent to a release, assignment, novation, waiver, or estoppel which deprives a franchisee of rights and protections provided in the Michigan Franchise Investment Act is void and cannot be enforced against the franchisee. Similarly, the New York addendum states that all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force.
Because the FDD does not address Indiana law on this topic, prospective franchisees in Indiana should seek clarification from Dog Haus regarding whether they will be required to sign any releases or waivers that could impact their rights under Indiana law. It would be prudent to consult with a legal professional in Indiana experienced in franchise law to understand the implications of any such waivers or releases.
In summary, while the FDD includes addenda for some states addressing waivers, it does not contain specific information about Indiana. Therefore, further due diligence is required to fully understand the legal requirements in Indiana.