Is a Kidokinetics franchisee in North Dakota required to consent to a waiver of trial by jury?

According to Kidokinetics' 2024 Franchise Disclosure Document, any sections of the FDD, the Franchise Agreement, and the Supplemental Agreements requiring a franchisee in North Dakota to consent to a waiver of trial by jury may not be enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law. The documents are amended accordingly to the extent required by law.

This means that while the Kidokinetics franchise agreement might contain clauses that seem to require a franchisee to waive their right to a jury trial, North Dakota law may override those clauses. This protection is due to the North Dakota Franchise Investment Law, which aims to protect franchisees from potentially unfair contractual obligations.

For a prospective Kidokinetics franchisee in North Dakota, this is a beneficial provision. It suggests that they retain the right to a jury trial in disputes with Kidokinetics, despite what the franchise agreement might initially imply. Franchisees should seek legal counsel to fully understand their rights and how North Dakota law applies to their specific franchise agreement.