To which courts does the Covenantor irrevocably submit to jurisdiction in proceedings related to the Kidokinetics agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- c. This Agreement will be governed by, construed, and enforced under the laws of Florida, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the agreements will be governed by Florida law, and legal proceedings arising from the agreement will be under the jurisdiction of Florida courts. This means that any legal disputes related to the Kidokinetics agreement will be resolved in the Florida court system, regardless of where the franchisee or covenantor is located.
This clause is fairly standard in franchise agreements, as it provides clarity and predictability regarding the legal venue for potential disputes. It ensures that Kidokinetics can manage legal issues in its home state. However, for a franchisee or covenantor located outside of Florida, this could mean incurring additional travel and legal expenses if a lawsuit arises.
It is important for prospective franchisees and covenantors to understand the implications of this jurisdiction clause. They should consider the potential costs and inconveniences of litigating in Florida and factor this into their decision-making process. Consulting with an attorney to discuss the implications of this clause is advisable before signing the agreement.