What limitations and waivers are included in the Zoomin Groomin Franchise Agreement regarding dispute resolution?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
t fair market value. The fair market value of the Vehicle will be equal to the then-current valuation assigned by Kelley Blue Book, without regard to improvement of the Vehicle for the operation of the Franchise Business. The fair market value of the other assets (including the improvements to the Vehicle) will be determined by the parties or by an independent third-party.
8.8.Waiver of Bond
If we are forced to bring suit to enforce any sections of this Agreement, you will waive any requirement that we post bond to obtain a temporary or permanent injunction to enforce these duties.
8.9.Severability
If any covenant or provision of this Agreement is determined to be void or unenforceable, in whole or in part, it will be deemed severed and removed and will not affect or impair the validity of any other covenant or provision.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, the franchise agreement includes specific stipulations regarding dispute resolution and waivers. Before initiating a lawsuit, a franchisee must first exhaust an internal dispute resolution process. This involves notifying Zoomin Groomin of any issues arising from or related to the Franchise Agreement.
Additionally, the agreement contains a waiver of bond provision. This means that if Zoomin Groomin pursues legal action to enforce any part of the agreement, the franchisee waives the requirement for Zoomin Groomin to post a bond to obtain a temporary or permanent injunction. This could potentially make it easier and less expensive for Zoomin Groomin to seek injunctive relief against a franchisee.
Finally, the Franchise Agreement includes a severability clause. If any part of the agreement is found to be void or unenforceable, it will be removed without affecting the validity of the remaining provisions. Furthermore, the obligations outlined in the agreement are considered independent, meaning that any claim or cause of action against either party will not serve as a defense against the enforcement of these obligations.