factual

What constitutes the entire agreement between the parties in the Kidokinetics franchise agreement?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 20.4. Entire Agreement.

This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Franchisee or any Principal, except the representations made in Franchisor's Franchise Disclosure Document.

Nothing contained in this Agreement or in any related agreement is intended to disclaim the representations Franchisor made in the Franchise Disclosure Document.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, the franchise agreement, including all attachments, represents the entire agreement between the parties. This agreement supersedes any prior written or oral agreements regarding the same subject matter. It also supersedes any prior written or oral representations made to the franchisee or any principal, with the exception of representations made in Kidokinetics's Franchise Disclosure Document.

This means that a prospective Kidokinetics franchisee should carefully review all attachments and exhibits to the franchise agreement, as these are legally binding parts of the contract. Any promises or understandings not explicitly written in the agreement or the FDD are not enforceable. This clause protects both the franchisee and Kidokinetics by ensuring that all terms are clearly documented.

Kidokinetics also clarifies that nothing in the franchise agreement or any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. This statement reinforces the importance of the FDD as a source of reliable information for potential franchisees, and it prevents Kidokinetics from later denying any claims made within the FDD. This is a standard clause in franchise agreements to ensure transparency and protect the interests of both parties.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.