In the Kidokinetics franchise agreement, what terms are used to refer to the agreement itself?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
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EXHIBIT H-3
KIDOKINETICS FRANCHISE
SAMPLE CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Kidokinetics Franchise LLC, a Florida limited liability company, and its successors and assigns ("us"), upon the terms and conditions set forth in this Agreement.
- 1. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Kidokinetics Business" means a business that offers physical fitness programs for young children through an introduction to all sports and a variety of other related activities and services and other related products and services using our Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, the franchise agreement is referred to as "this Agreement" within the sample confidentiality agreement and the sample system protection agreement. Additionally, the document references the "Franchise Agreement" when describing the territory granted to the franchisee. These terms are used interchangeably to define the legal contract between Kidokinetics and the franchisee, outlining the rights, responsibilities, and obligations of both parties.
Specifically, the Confidentiality Agreement uses "Agreement" to refer to itself, establishing the terms under which confidential information must be protected. Similarly, the System Protection Agreement also uses "Agreement" to define the terms and conditions related to protecting Kidokinetics's system and intellectual property. The Franchise Agreement itself is referenced when defining the territory in Attachment B, clarifying the geographical area within which the franchisee is authorized to operate.
For a prospective Kidokinetics franchisee, understanding these references is crucial for interpreting the various legal documents associated with the franchise. Knowing that "this Agreement" and "Franchise Agreement" both refer to the same core contract helps in navigating the FDD and related exhibits. This understanding ensures that the franchisee is fully aware of their rights and obligations as outlined in the franchise relationship with Kidokinetics.