Are the recitals in the Dog Haus franchise agreement considered part of the agreement?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.6 Titles and Recitals.
Article and Section titles used in this Agreement are for convenience only and shall not be deemed to affect the meaning or construction of any of the terms, provisions, covenants, or conditions of this Agreement.
The recitals set forth in Recitals A and B are true and correct and are hereby incorporated by reference into the body of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the recitals in the franchise agreement are considered part of the agreement. Specifically, Recitals A and B are incorporated by reference into the body of the agreement.
Recitals generally provide background information and context for the agreement. In the Dog Haus franchise agreement, Recital A describes the Dog Haus System, including the restaurants' offerings of gourmet hot dogs, sausages, hamburgers, chicken, plant-based food products, proprietary sauces, and beverages, all served under the Dog Haus Marks. It also mentions the unique interior and exterior designs of Dog Haus Restaurants.
Recital B states the franchisee's desire to obtain a license and franchise to operate a Dog Haus Biergarten or Fast Casual Restaurant under the Dog Haus Marks, adhering strictly to the Dog Haus System and standards set by Dog Haus. It also notes Dog Haus's willingness to grant the franchise under the terms and conditions outlined in the agreement. Because these recitals are incorporated into the agreement, they can be used to interpret the parties' intentions and obligations.