Under the Hydrodog agreement, what is the effect of a waiver of any similar term in any other agreement between Hydrodog and any other franchise owner?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.18 Binding Effect. This Agreement is binding on and will inure to the benefit of our successors and assigns. Except as otherwise provided in this Agreement, this Agreement will also be binding on your successors and assigns, and your heirs, executors and administrators. However, any assignment of this Agreement by you must be approved by us in writing.
- 21.19 Entire Agreement. This Agreement, including the introduction, addenda and exhibits to it, constitutes the entire agreement between you and us. There are no other oral or written understandings or agreements between you and us concerning the subject matter of this Agreement. Except as expressly provided otherwise in this Agreement, this Agreement may be modified only by written agreement signed by both you and us. However, nothing contained in this Section will limit your right to rely on statements made in our Franchise Disclosure Document.
- 21.20 No Liability to Others; No Other Beneficiaries. We will not, because of this Agreement or by virtue of any approvals, advice or services provided to you, be liable to any person or legal entity who is not a party to this Agreement. Except as specifically described in this Agreement, no other party has any rights because of this Agreement. The Franchisee acknowledges that other HydroDog franchisees may be granted franchises at different times, different locations, under different economic conditions and in different situations. The Franchisee further acknowledges that the economics and terms and conditions of such other franchises may vary from those contained in this Agreement, but all such variations will be within the discretion and Reasonable Business Judgment of the Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
I am unable to provide information regarding the effect of a waiver of any similar term in any other agreement between Hydrodog and any other franchise owner, as this information is not present in the provided excerpts from the 2025 Franchise Disclosure Document. The excerpts do contain information regarding the binding effect of the agreement, the entire agreement, and other beneficiaries. For example, the franchise agreement is binding on Hydrodog's successors and assignees, as well as the franchisee's successors and assigns, heirs, executors, and administrators. The franchise agreement constitutes the entire agreement between the franchisee and Hydrodog. Hydrodog will not be liable to any person or legal entity who is not a party to the agreement. Other Hydrodog franchisees may be granted franchises at different times, different locations, under different economic conditions and in different situations. The economics and terms and conditions of such other franchises may vary from those contained in this Agreement, but all such variations will be within the discretion and Reasonable Business Judgment of the Franchisor.
To fully understand the implications of waivers and their potential impact, a prospective Hydrodog franchisee should seek clarification from the franchisor. Specifically, they should ask Hydrodog about the circumstances under which a waiver might be granted, whether such waivers are common, and how a waiver granted to one franchisee might affect the rights and obligations of other franchisees within the system. Understanding these details is crucial for assessing the overall risk and fairness of the franchise agreement.