Under the Dog Haus Release Agreement, what law governs the interpretation and construction of the agreement?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
re to the benefit of the parties and their respective heirs, successors and permitted assigns. In addition, each of Franchisor Released Parties that is not a party shall be a third party beneficiary of this Release Agreement, with the right to
enforce this Release Agreement for his, her, or its benefit, whether acting alone or in combination with any other Franchisor Released Party.
- 8.5 Interpretation. The rule that an agreement is to be construed against the party drafting the agreement is hereby waived by the parties, and shall have no applicability in construing this Release Agreement or any of its terms. The headings used in this Release Agreement are for purposes of convenience only and shall not be used in construing the provisions of this Release Agreement. As used in this Release Agreement, the male gender shall include the female and neuter genders, the singular shall include the plural and the plural, the singular.
- 8.6 Severability and Validity. Any provision of this Release Agreement which is prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the Release Agreement is generally interpreted and construed under the laws of California. This means that California law will be used to resolve any disputes or ambiguities in the agreement. However, there is an exception: if any provision of the Release Agreement would not be enforceable under California law, and the Dog Haus restaurant is located outside of California, the laws of the state where the restaurant is located will govern the interpretation and construction of that specific provision, but only if it would be enforceable under that state's laws.
This clause also specifies that this section is not intended to subject the Release Agreement to any California franchise laws to which it would not otherwise be subject. This clarifies that the governing law provision is primarily concerned with contract interpretation rather than broader franchise regulations.
Furthermore, any legal action brought by either party against the other must be initiated in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California. Both parties waive any objections to personal jurisdiction or venue in these courts. This dictates the specific location where legal disputes must be resolved, potentially adding travel costs and logistical considerations for franchisees located outside of California.