Are the remedies outlined in the Dog Haus franchise agreement exclusive, or are they cumulative with other available remedies?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.4 Specific Performance.
Franchisor and Area Developer acknowledge that each Party would be irreparably damaged if the provisions of this Agreement were not capable of being specifically enforced, and for this reason, Franchisor and Area Developer agree that the provisions of this Agreement shall be specifically enforceable.
Franchisor and Area Developer further agree that any act or failure to act which does not strictly comply with the provisions and conditions of this Agreement may be specifically restrained, and that the equitable relief provided for in this Agreement shall not in any way limit or deny any other remedy at law or in equity that either Franchisor or Area Developer might otherwise have.
- 15.5 Injunctive Relief.
Area Developer acknowledges and agrees that irreparable harm could be caused to Franchisor by Area Developer's violation of certain provisions of this Agreement and, as such, in addition to any other relief available at law or equity, Franchisor shall be entitled to obtain in any court of competent jurisdiction, without bond, restraining orders or temporary or permanent injunctions in order to enforce, among other items, the provisions of this Agreement relating to: (i) Area Developer's use of the Dog Haus Marks and Confidential Information (including any proprietary software used in connection with the Franchised Restaurant); (ii) the in-term covenant not to compete, as well as any other violations of the restrictive covenants set forth in this Agreement; (iii) Area Developer's obligations on termination or expiration of this Agreement; (iv) disputes and controversies based on or arising under the Lanham Act, or otherwise involving the Dog Haus Marks, as now or hereafter amended; (v) disputes and controversies involving enforcement of the Franchisor's rights with respect to confidentiality under this Agreement; and (vi) prohibit any act or omission by Area Developer or its employees that constitutes a violation of Applicable Law, threatens Franchisor's franchise system or threatens other franchisees of Franchisor.
Area Developer's only remedy if such an injunction is entered will be the dissolution of the injunction, if appropriate, and Area Developer waives all damage claims if the injunction is wrongfully issued.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the remedies outlined in the franchise agreement are cumulative and do not limit other available remedies. Specifically, Dog Haus and its franchisees acknowledge that each party could be irreparably damaged if the agreement's provisions were not specifically enforced. Therefore, both parties agree that the provisions of the agreement shall be specifically enforceable.
Dog Haus and its franchisees also agree that any action that does not strictly comply with the provisions of the franchise agreement may be specifically restrained. The equitable relief provided in the agreement does not limit or deny any other remedy at law or in equity that either Dog Haus or the franchisee might otherwise have. This ensures that both parties have access to a full range of legal options to address any breaches or violations of the agreement.
Furthermore, Dog Haus is entitled to seek restraining orders or temporary or permanent injunctions in any court of competent jurisdiction, without bond, to enforce provisions related to the use of Dog Haus Marks and Confidential Information, in-term covenants not to compete, obligations upon termination or expiration of the agreement, disputes under the Lanham Act, and actions that violate applicable law or threaten the franchise system. The franchisee's only remedy if such an injunction is entered is the dissolution of the injunction, if appropriate, and the franchisee waives all damage claims if the injunction is wrongfully issued. This comprehensive approach ensures that Dog Haus can protect its brand and system while also providing franchisees with recourse through legal and equitable remedies.