Does the Kidokinetics Franchise Agreement include all attachments as part of the entire agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.4. Entire Agreement.
This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Franchisee or any Principal, except the representations made in Franchisor's Franchise Disclosure Document.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the Franchise Agreement, including all attachments, constitutes the entire agreement between the parties. This clause supersedes any prior written or oral agreements concerning the same subject matter, as well as any prior written or oral representations made to the franchisee or any principal, with the exception of representations made in Kidokinetics' Franchise Disclosure Document.
This "entire agreement" clause is a standard provision in franchise agreements. It means that a prospective Kidokinetics franchisee cannot rely on any promises or representations made by the franchisor that are not explicitly written in the Franchise Agreement or the FDD. This protects both the franchisee and Kidokinetics by ensuring that all obligations and agreements are clearly documented.
The Kidokinetics Franchise Agreement specifically lists several attachments, including a Data Sheet (Attachment A), Territory description (Attachment B), a Release form (Attachment C), a Statement of Ownership Interests in Franchisee (Attachment D), Franchisee's Personal Guaranty (Attachment E), a Confidentiality and Non-Compete Agreement (Attachment F), and an EFT Authorization Form (Attachment G). Franchisees should carefully review all attachments to fully understand their rights and obligations under the agreement.