Does the Kidokinetics franchisee consent to the personal jurisdiction of Florida courts?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- c. This Agreement will be governed by, construed, and enforced under the laws of Florida, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the franchise agreement is governed by Florida law, and franchisees consent to the jurisdiction of Florida courts for any legal proceedings arising from the agreement. This means that any legal disputes between the franchisee and Kidokinetics will be resolved in Florida courts, regardless of where the franchisee's business is located.
This clause is significant for prospective franchisees as it dictates the location and legal framework for resolving disputes. Franchisees operating outside of Florida would be required to travel to Florida for court proceedings, potentially incurring additional expenses for travel, accommodation, and local legal representation. This could be a disadvantage for franchisees located far from Florida.
It is common practice in franchising for the franchise agreement to specify a particular jurisdiction for dispute resolution, often the state where the franchisor's headquarters are located. This allows the franchisor to manage legal proceedings more efficiently and consistently. However, franchisees should carefully consider the implications of this clause and factor in the potential costs and inconveniences associated with litigating in a distant jurisdiction.