factual

Does the Kidokinetics Franchise Agreement supersede prior agreements between the parties?

Kidokinetics Franchise · 2024 FDD

Answer 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.

Nothing contained in this Agreement or in any related agreement is intended to disclaim the representations Franchisor made in the Franchise Disclosure Document.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, the Franchise Agreement, including all attachments, represents the entire agreement between the parties. It explicitly supersedes all prior written or oral agreements concerning the same subject matter. This also includes superseding any prior written or oral representations made to the franchisee or any principal, with the exception of representations made in Kidokinetics's Franchise Disclosure Document.

This clause is standard in franchise agreements to ensure clarity and prevent disputes based on previous understandings or promises not included in the final written contract. It means that a prospective Kidokinetics franchisee should carefully review the entire agreement and its attachments, as these documents will govern the relationship between the franchisee and Kidokinetics. Any prior discussions or assurances not reflected in the agreement are not binding.

Kidokinetics also states that nothing in the Franchise Agreement or any related agreement is intended to disclaim the representations Kidokinetics made in the Franchise Disclosure Document. This protects the franchisee by ensuring that the franchisor cannot contradict or undermine the information provided in the FDD, which is a legally required disclosure document. This clause reinforces the importance of the FDD as a source of reliable information for potential franchisees.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.