What is the Kidokinetics franchisee certifying regarding anti-terrorist activities?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees not to hire or have any dealings with a person listed in the Annex.
Franchisee certifies that Franchisee has no knowledge or information that, if generally known, would
result in Franchisee, Franchisee's owners, principals, employees, or anyone associated with Franchisee being listed in the Annex. Franchisee agrees to comply with and/or assist Franchisor to the fullest extent possible in Franchisor's efforts to comply with the Anti-Terrorism Laws (as defined below). In connection with such compliance, Franchisee certifies, represents, and warrants that none of Franchisee's property or interests are subject to being "blocked" under any of the Anti-Terrorism Laws and that Franchisee and Franchisee's owners or principals are not otherwise in violation of any of the Anti-Terrorism Laws. Franchisee is solely responsible for ascertaining what actions must be taken by Franchisee to comply with all such Anti-Terrorism Laws, and Franchisee specifically acknowledges and agrees that Franchisee's indemnification responsibilities of this Agreement pertain to Franchisee's obligations under this Section 21.12. Any misrepresentation by Franchisee under this Section or any violation of the Anti-Terrorism Laws by Franchisee, Franchisee's owners, principals or employees will constitute grounds for immediate termination, upon notice, of this Agreement and any other agreement Franchisee has entered into with Franchisor or one of Franchisor's affiliates in accordance with the terms of Section 16.2.23 of this Agreement. As used herein, "Anti-Terrorism Laws" means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S. Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S. Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S. Code of Federal Regulations), the USA PATRIOT Act, and all other present and future federal, state and local laws, ordinances, regulations, policies lists and any other requirements of any Governmental Authority (including without limitation, the United States Department of Treasury Office of Foreign Assets Control) addressing or in any way relating to terrorist acts and acts of war.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees must certify several conditions related to anti-terrorism laws. Specifically, the franchisee certifies that neither they, nor their owners, principals, employees, or anyone associated with them, are listed in the Annex to Executive Order 13224. The franchisee also agrees not to hire or have any dealings with anyone listed in the Annex.
Furthermore, the franchisee certifies that they have no knowledge or information that, if generally known, would result in the franchisee, their owners, principals, employees, or anyone associated with them being listed in the Annex. The franchisee also agrees to comply with and assist Kidokinetics in complying with Anti-Terrorism Laws, as defined in the FDD.
Kidokinetics franchisees must also certify, represent, and warrant that none of their property or interests are subject to being "blocked" under any Anti-Terrorism Laws and that they and their owners or principals are not otherwise in violation of any of the Anti-Terrorism Laws. Franchisees are solely responsible for understanding and taking the necessary actions to comply with all such Anti-Terrorism Laws. Any misrepresentation or violation of these laws can lead to immediate termination of the Franchise Agreement.