For Hydrodog, can disputes involving affiliates of the parties be consolidated?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
Any such proceeding will not be consolidated with any other proceeding involving any other person, except for disputes involving affiliates of the parties.
21.16 Cumulative Remedies. The rights and remedies provided in this Agreement are cumulative and neither you nor we will be prohibited from exercising any other right or remedy provided under this Agreement or permitted by law or equity.
21.17 Costs and Attorneys' Fees.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, disputes involving affiliates of the parties can be consolidated. Specifically, the FDD states that arbitration proceedings will not be consolidated with other proceedings involving other persons, except when the disputes involve affiliates of Hydrodog or the franchisee.
This means that if a Hydrodog franchisee has a dispute that is closely related to a dispute involving an affiliate of either the franchisee or Hydrodog, these disputes may be heard together in a single proceeding. An "affiliate" is defined as any business entity directly or indirectly owned or controlled by a person, under common control with a person, or controlled by a person.
For a prospective Hydrodog franchisee, this clause could be beneficial in situations where a dispute involves multiple related parties, as it allows for a more efficient resolution process by consolidating the proceedings. However, it's important to understand who qualifies as an affiliate and how this consolidation might affect the complexity and cost of resolving disputes.