For Kidokinetics disputes not subject to mediation, in what court can the parties bring claims?
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' 2024 Franchise Disclosure Document, any legal proceedings arising out of the franchise agreement will be subject to the jurisdiction of the courts in Florida. This means that if a dispute between the franchisee and Kidokinetics cannot be resolved through mediation or other means, either party can bring a claim in a Florida court.
This clause is significant for prospective franchisees as it dictates the location where legal disputes must be resolved. Franchisees who do not reside in Florida may incur additional travel and legal expenses if they need to pursue a claim against Kidokinetics or defend themselves in a lawsuit. It is important to note that this clause applies to any legal proceedings arising out of the franchise agreement, which could include disputes over royalties, termination, or other contractual obligations.
It is common for franchise agreements to include clauses specifying the jurisdiction and venue for legal disputes. Franchisees should carefully consider the implications of these clauses and consult with an attorney to understand their rights and obligations under the franchise agreement. Franchisees should also be aware that the laws of Florida will govern the interpretation and enforcement of the franchise agreement, regardless of where the franchisee's business is located.