Does a Kidokinetics franchisee waive any claims arising from changes to the Marks?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee, upon notice by Franchisor, shall immediately discontinue the use of any Mark that is no longer available to Franchisor or that Franchisor has otherwise discontinued, and substitute a different Mark or Marks as Franchisor directs.
Franchisee will accept, use and display any such Trade Dress Modifications as if they were a part of this Franchise Agreement at the time of execution.
- 8.5. No Liability/Waiver of Claims.
Franchisor will not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any of the modifications, including Trade Dress Modifications, required by this Article 8.
Franchisee hereby covenants not to commence or join in any litigation or other proceeding against Franchisor or any third party, complaining of any such or seeking expenses, losses or damages caused thereby.
Further, Franchisee expressly waives any claims, demands or damages arising from or related to the modifications contemplated by this Article 8, including, without
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee does waive claims related to modifications of trade dress. Kidokinetics reserves the right to substitute different marks if the current ones can no longer be used or if Kidokinetics believes a substitution would benefit the system.
Kidokinetics requires the franchisee to discontinue or modify their use of any of the marks or to use substitute marks no later than 10 days after notification, and this is done at the franchisee's expense. The franchisee must accept, use, and display any trade dress modifications as if they were part of the original franchise agreement.
The franchise agreement stipulates that Kidokinetics will not be liable to the franchisee for any expenses, losses, or damages resulting from these modifications. Furthermore, the franchisee agrees not to initiate or participate in any legal action against Kidokinetics or any third party regarding these modifications. The franchisee expressly waives any claims, demands, or damages arising from or related to the modifications, including claims of breach of contract, breach of fiduciary duty, fraud, and/or breach of the implied covenant of good faith and fair dealing.