Are there any circumstances under which the choice of forum for Dog Haus disputes might be different?
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) | |||
| v. | Choice of forum | Franchise | All proceedings will be held in Los Angeles County, California, |
| Agreement | subject to applicable state law. See the State Specific Addenda | ||
| Section 19.3 | (Exhibit H) attached to this Disclosure Document. |
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 choice of forum for dispute resolution is generally Los Angeles County, California. However, this is explicitly stated to be 'subject to applicable state law.' This means that depending on the franchisee's location and relevant state laws, the forum for resolving disputes might differ.
Prospective Dog Haus franchisees should pay close attention to the State Specific Addenda (Exhibit H) mentioned in the FDD. These addenda likely contain specific modifications or exceptions to the standard dispute resolution process based on the franchisee's state. It is essential to review this exhibit carefully to understand any potential variations in the choice of forum.
It is typical in franchising for the franchisor to specify a preferred venue for dispute resolution, often their home state. However, state laws can sometimes override these provisions to protect franchisees. Therefore, consulting with a legal professional is crucial to understanding how the choice of forum provision applies in the franchisee's specific state and what rights they have in case of a dispute with Dog Haus.