In what district does the Covenantor irrevocably submit to the jurisdiction of the federal district courts for Kidokinetics?
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)
The 2024 Kidokinetics Franchise Disclosure Document (FDD) specifies that the agreement will be governed by Florida law, and the courts in that state will have jurisdiction over any legal proceedings arising from the agreement. However, the FDD does not specify a particular federal district court. This means that while Florida law applies, the specific venue (i.e., the particular federal district court) for resolving disputes is not predetermined in this agreement.
For a prospective Kidokinetics franchisee, this implies that if a legal dispute arises, it will be handled under Florida law, but the exact location of the federal district court will need to be determined based on factors at the time of the dispute, such as the franchisee's location or where the cause of action occurred. This contrasts with some franchise agreements that pre-designate a specific federal district court for all disputes.
It is advisable for a potential Kidokinetics franchisee to seek clarification from the franchisor regarding the process for determining the specific federal district court in case of a dispute. Understanding this process can help the franchisee prepare for potential legal challenges and associated costs, ensuring they are fully aware of their rights and obligations under the agreement.