For Kidokinetics, can a franchisee disclaim reliance on any statement made by the franchisor by signing a statement, questionnaire, or acknowledgment?

According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on the franchisor's behalf by signing a statement, questionnaire, or acknowledgment. This protection extends to claims under applicable state franchise law, including fraud in the inducement. This provision overrides any conflicting terms in any document related to the franchise agreement.

This means that Kidokinetics franchisees are protected from unknowingly waiving their rights to make claims based on misrepresentations or fraudulent statements made during the franchise sales process. This clause ensures that franchisees can hold Kidokinetics accountable for the accuracy and truthfulness of the information provided to them.

This type of clause is relatively common in franchise agreements to protect franchisees, especially in states with franchise-specific laws. It aims to create a fairer balance of power between the franchisor and franchisee, preventing the franchisor from using waivers or disclaimers to avoid liability for misrepresentations. Prospective franchisees should still carefully review all information provided by Kidokinetics and seek independent legal advice to fully understand their rights and obligations.