What is the effect of a statement, questionnaire, or acknowledgment signed by a Kidokinetics franchisee in North Dakota regarding waivers of claims?

According to Kidokinetics's 2024 Franchise Disclosure Document, a specific provision addresses the effect of signed documents by franchisees in North Dakota. Any statement, questionnaire, or acknowledgment signed or agreed to by a Kidokinetics franchisee in connection with starting the franchise relationship will not waive claims under North Dakota's applicable state franchise law. This includes claims related to fraud in the inducement.

This means that even if a franchisee signs a document that appears to waive certain rights or claims, that waiver will not be legally effective under North Dakota law. The franchisee retains the right to pursue claims against Kidokinetics, particularly those related to misrepresentation or fraud during the franchise sales process. This protection is designed to ensure that franchisees are not unknowingly or unfairly deprived of their legal rights.

This provision also clarifies that it takes precedence over any conflicting terms in any document executed in connection with the franchise agreement. Therefore, any clause in the franchise agreement or related documents that suggests a franchisee waives their rights under North Dakota franchise law is superseded by this specific non-waiver provision. This ensures that the franchisee's rights are protected regardless of other contractual language.

Prospective Kidokinetics franchisees in North Dakota should be aware of this protection, as it provides an added layer of security against potentially overreaching waivers or disclaimers. It is always advisable to consult with an attorney to fully understand one's rights and obligations under a franchise agreement, but this provision offers a degree of assurance that certain fundamental legal rights cannot be waived away by standard form documents.