Is the Franchise Disclosure Questionnaire applicable for Kidokinetics franchise sales to residents of Hawaii?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
(This questionnaire is not to be used for any franchise sale in or to residents of California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin)
As you know, Kidokinetics Franchise LLC ("we" or "us"), and you are preparing to enter into a Franchise Agreement for the operation of a Kidokinetics franchise. You cannot sign or date this questionnaire the same day as the Receipt for the Franchise Disclosure Document, but you must sign and date it the same day you sign the Franchise Agreement. Please review each of the following questions carefully and provide honest responses to each question. If you answer "No" to any of the questions below, please explain your answer in the table provided below.
Do not sign this Questionnaire if you are a resident of Maryland or if the franchise is to be operated in Maryland.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the Franchise Disclosure Questionnaire is not to be used for any franchise sale in or to residents of Hawaii. This means that prospective Kidokinetics franchisees in Hawaii will not be required to complete this questionnaire as part of the franchise sales process.
This exclusion could be due to specific franchise laws or regulations in Hawaii that differ from other states. It is important for potential franchisees in Hawaii to understand that while they are not required to complete the Franchise Disclosure Questionnaire, they are still entitled to receive the Franchise Disclosure Document (FDD) at least 14 calendar days before signing a binding agreement or making any payments to Kidokinetics.
Additionally, the FDD states that the franchise will be/has been filed under the Franchise Investment Law of the State of Hawaii. However, this filing does not constitute approval, recommendation, or endorsement by the Director of Commerce and Consumer Affairs, nor does it indicate that the information provided in the FDD is true, complete, and not misleading. Therefore, prospective franchisees should carefully review all documents and seek professional advice before making any investment decisions.
It is also important to note that no statement, questionnaire, or acknowledgment signed by a franchisee can waive any claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by Kidokinetics or its representatives. This provision protects franchisees and ensures they retain their legal rights regardless of any documents signed during the franchise commencement.