For Kidokinetics franchises in Indiana, is a provision requiring a prospective release, assignment, novation, waiver, or estoppel valid if it relieves a person from liability imposed by the Indiana Deceptive Franchise Practices Law?

According to Kidokinetics's 2024 Franchise Disclosure Document, any provision in the Franchise Agreement that requires a franchisee in Indiana to prospectively agree to a release, assignment, novation, waiver, or estoppel, which would relieve any person from liability imposed by the Indiana Deceptive Franchise Practices Law, is considered void to the extent that it violates such law. This means that Kidokinetics cannot enforce any clause that would prevent a franchisee from pursuing claims under the Indiana Deceptive Franchise Practices Law.

This protection ensures that franchisees are not forced to give up their legal rights under the Indiana Deceptive Franchise Practices Law before any dispute arises. The Indiana Deceptive Franchise Practices Law aims to protect franchisees from deceptive practices by the franchisor. By voiding such provisions, Indiana law ensures that franchisees retain the ability to hold Kidokinetics accountable for any violations of this law.

This provision is particularly important for prospective Kidokinetics franchisees in Indiana as it safeguards their right to seek legal recourse if they believe Kidokinetics has engaged in deceptive practices. It prevents Kidokinetics from using contractual language to shield itself from liability under the Indiana Deceptive Franchise Practices Law, thereby promoting a fairer relationship between the franchisor and franchisee.