What happens if a Hydrodog franchisee violates the Competitive Restriction?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
or the Franchisor may prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information (collectively, the "Confidentiality Obligations").
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- Liquidated Damages. You acknowledge that the Franchisor would suffer substantial damages if you violated the Competitive Restriction set forth in Section 2 above. You acknowledge that that such damages are difficult to estimate accurately and proof of such damages would be burdensome and costly, although such damages are real and meaningful. Therefore, in the event that you violate any of the Competitive Restriction set forth in this Agreement, within 15 calendar days of such violation, you will pay us partial liquidated damages in the amount of our then-current initial franchise fee ("Competitive Liquidated Damages"). You agree that Competitive Liquidated Damages as calculated under this Section represent the best estimate the Franchisor would suffer for its costs and expenses of investigation and its internal non-legal costs to prepare to enforce its rights if you were to violate the Competitive Restriction set forth in this Agreement. Your payment of the Competitive Liquidated Damages will not be considered a penalty, but instead a reasonable estimate of fair compensation to the Franchisor for some of, but not all of, the damages, costs and expenses it will incur if you violate the Competitive Restriction. The Franchisor is also be entitled to recover all costs, including attorneys' fees incurred in connection with collection of Liquidated Damages as well as enforcing its rights. Without limiting the foregoing, the Competitive Liquidated Damages will not be the Franchisor's exclusive remedy, will not prevent us from seeking other actual or consequential damages, injunctive relief enjoining future violations of the Competitive Restriction, nor will it in any way limit the Franchisor' right to assert that we have no adequate remedy at law in the event of breach.
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- Severability and Substitution. You acknowledge and agree that these competitive restrictions will not unreasonably deprive you of your ability to earn a living or engage other business activities. You and we agree that: (a) the time period, geographic area, and scope of the competitive restrictions contained in this Agreement are reasonably necessary to protect our localized efforts and the Franchisor's efforts to develop HydroDog Businesses throughout the U.S.;
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, if a franchisee violates the Competitive Restriction outlined in the franchise agreement, they will be required to pay partial liquidated damages. This amount is equivalent to Hydrodog's then-current initial franchise fee. This payment must be made within 15 calendar days of the violation. Hydrodog considers this payment a reasonable estimate of the costs and expenses it would incur for investigation and internal non-legal costs related to enforcing its rights.
Even after paying the Competitive Liquidated Damages, the franchisee is not shielded from further action. Hydrodog retains the right to pursue additional remedies, including recovering all costs and attorney's fees associated with collecting the liquidated damages and enforcing its rights. Hydrodog can also seek other actual or consequential damages and injunctive relief to prevent future violations of the Competitive Restriction. This means that the liquidated damages do not serve as Hydrodog's exclusive remedy, and the company can assert that it has no adequate remedy at law in the event of a breach.
The FDD also states that the competitive restrictions will not unreasonably deprive the franchisee of their ability to earn a living or engage in other business activities. Hydrodog and the franchisee agree that the time period, geographic area, and scope of the competitive restrictions are reasonably necessary to protect Hydrodog's localized and overall efforts to develop HydroDog businesses throughout the U.S. If any portion of the agreement is deemed unenforceable, it will be modified and enforced to the fullest extent permissible under the laws or public policies of the jurisdiction where enforcement is sought.