For Kidokinetics franchises in Indiana, does the franchisee waive any rights under Indiana Statutes regarding prior representations made by Kidokinetics?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
The "Summary" column in Item 17.t. of the FDD is deleted and the following is inserted in its place:
Notwithstanding anything to the contrary in this provision, you do not waive any right under the Indiana Statutes with regard to prior representations made by us.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees in Indiana do not waive their rights under Indiana Statutes regarding prior representations made by Kidokinetics. Specifically, Item 17 of the FDD is amended for Indiana franchises. The "Summary" column in Item 17.t. of the FDD is deleted and replaced with the statement that franchisees do not waive any rights under Indiana Statutes regarding prior representations made by Kidokinetics.
This modification ensures that Kidokinetics franchisees in Indiana retain their legal rights to make claims based on any misrepresentations made by the franchisor. This protection is particularly important because it prevents Kidokinetics from using the franchise agreement to shield itself from liability for misleading statements made during the franchise sales process.
This addendum to the franchise agreement provides a safeguard for franchisees, ensuring they are not bound by clauses that could unfairly limit their legal recourse. Prospective franchisees in Indiana should carefully review this addendum and understand that it strengthens their position relative to the standard franchise agreement.