Does the Kidokinetics Franchise Agreement state that representations made outside of the Franchise Disclosure Document and Franchise Agreement are enforceable?

Question

Accepted Answer

| Provision                                           | Section In the Franchise or Other | Summary                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
|-----------------------------------------------------|-----------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| M. U.S. et al. | Agreement | (iv) in any manner interfere with, disturb, disrupt, decrease or otherwise jeopardize our business or the business of any Kidokinetics franchisee; or (v) solicit business from customers your former Kidokinetics Business or contact any of our suppliers or vendors for any competitive business purpose. (Subject to applicable state law). |
| s. Modification of the agreement | Section 21.4 | The Franchise Agreement may not be modified except by a written agreement that both of us sign. |
| t. Integration/merger clause | Section 21.4 | Only the terms of the Franchise Agreement are binding (subject to applicable state law). Any representations or promises made outside the Franchise Disclosure Document and Franchise Agreement may not be enforceable. Notwithstanding the foregoing, nothing in any agreement is intended to disclaim the express representations made in this Franchise Disclosure Document, its exhibits and amendments. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)

Does the Kidokinetics Franchise Agreement state that representations made outside of the Franchise Disclosure Document and Franchise Agreement are enforceable?

Answer from 2024 FDD Document

What This Means (2024 FDD)

Provision	Section In the Franchise or Other	Summary
M. U.S. et al.	Agreement	(iv) in any manner interfere with, disturb, disrupt, decrease or otherwise jeopardize our business or the business of any Kidokinetics franchisee; or (v) solicit business from customers your former Kidokinetics Business or contact any of our suppliers or vendors for any competitive business purpose. (Subject to applicable state law).
s. Modification of the agreement	Section 21.4	The Franchise Agreement may not be modified except by a written agreement that both of us sign.
t. Integration/merger clause	Section 21.4	Only the terms of the Franchise Agreement are binding (subject to applicable state law). Any representations or promises made outside the Franchise Disclosure Document and Franchise Agreement may not be enforceable. Notwithstanding the foregoing, nothing in any agreement is intended to disclaim the express representations made in this Franchise Disclosure Document, its exhibits and amendments.