In the event of a conflict between the terms of an Applicable Addenda and the Franchise Disclosure Document, Franchise Agreement, or other specified agreement(s) for Kidokinetics, which terms take precedence?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
If any one of the preceding Addenda for specific states ("Addenda") is checked as an "Applicable Addenda" below, then that Addenda shall be incorporated into the Franchise Disclosure Document, Franchise Agreement and any other specified agreement(s) entered into by us and the undersigned Franchisee. To the extent any terms of an Applicable Addenda conflict with the terms of the Franchise Disclosure Document, Franchise Agreement and other specified agreement(s), the terms of the Applicable Addenda shall supersede the terms of the Franchise Agreement.
California Hawaii Illinois Iowa Indiana Maryland Michigan Minnesota New York North Dakota Ohio Rhode Island South Dakota Virginia Washington Wisconsin Dated: _, 20 KIDOKINETICS FRA NCHISE LLO C · Rev. 071823
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if there are conflicting terms between an Applicable Addenda and the Franchise Disclosure Document, Franchise Agreement, or other specified agreements, the terms of the Applicable Addenda will take precedence. This means that any specific modifications or additions outlined in the addenda for certain states will override the standard terms in the main franchise agreement.
This is particularly relevant for prospective franchisees because the addenda often address specific state laws and regulations that differ from the general franchise terms. For example, the FDD includes addenda for California, Hawaii, Illinois, Iowa, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Ohio, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. These addenda may cover aspects such as franchise fees, termination rights, renewal conditions, and dispute resolution processes, ensuring compliance with local legal requirements.
Therefore, it is crucial for a potential Kidokinetics franchisee to carefully review any addenda applicable to their specific state to understand how these modifications affect their rights and obligations under the franchise agreement. This ensures that franchisees are aware of any state-specific protections or requirements that may supersede the standard franchise terms.