Under what condition is each provision of the addendum effective for Dog Haus?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
Each provision of this Addendum shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Act are met independently without reference to this Addendum.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor, franchise seller, or other person acting on behalf of franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
Any questionnaire and specific Acknowledgments shall not apply to prospective franchisees who are Maryland residents or who seek to purchase a franchise located in Maryland.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to the 2025 Dog Haus Franchise Disclosure Document, specifically the Maryland Addendum to the Area Development Agreement, each provision within the addendum becomes effective only if the jurisdictional requirements of the relevant Act are independently satisfied, without relying on the addendum itself. This means that for any part of the addendum to be enforceable, it must individually meet the legal standards and requirements of the specific jurisdiction in question.
This condition ensures that the addendum's provisions are compliant with local laws and regulations. It prevents the enforcement of any clause that might conflict with or violate jurisdictional requirements. For a prospective Dog Haus franchisee, this implies that the enforceability of any specific term in the addendum is contingent upon its adherence to the laws of the jurisdiction where the franchise is located.
For instance, certain clauses might be valid and enforceable in one state but not in another due to differing franchise laws. Therefore, franchisees need to be aware of the specific legal requirements in their area to understand which parts of the addendum are applicable and binding. This also highlights the importance of seeking legal counsel to review the addendum and assess its implications within the relevant jurisdiction.
In addition, the addendum states that any questionnaire and specific acknowledgements shall not apply to prospective franchisees who are Maryland residents or who seek to purchase a franchise located in Maryland.