According to the Kidokinetics Franchise Agreement, can the agreement be modified verbally?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section In the Franchise or Other | Summary |
|---|---|---|
| M. U.S. et al. | Agreement | (iv) in any manner interfere with, disturb, disrupt, decrease or otherwise jeopardize our business or the business of any Kidokinetics franchisee; or (v) solicit business from customers your former Kidokinetics Business or contact any of our suppliers or vendors for any competitive business purpose. (Subject to applicable state law). |
| s. Modification of the agreement | Section 21.4 | The Franchise Agreement may not be modified except by a written agreement that both of us sign. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the Franchise Agreement cannot be modified verbally. Section 21.4 of the agreement specifies that any modifications must be in writing and signed by both Kidokinetics and the franchisee.
This requirement protects both parties by ensuring that all changes to the agreement are documented and agreed upon in a clear, unambiguous manner. It prevents disputes that could arise from misunderstandings or disagreements about verbal agreements. This is a standard clause in franchise agreements.
Prospective Kidokinetics franchisees should be aware that any promises or representations made outside of the written Franchise Agreement and Franchise Disclosure Document may not be enforceable. This underscores the importance of carefully reviewing all documents and seeking legal counsel before signing the agreement. It also highlights the need to ensure that any negotiated changes or additional understandings are properly documented in writing and signed by both parties to become legally binding.