Does the jury trial waiver for Kidokinetics extend to claims involving other parties or claims?

According to Kidokinetics's 2024 Franchise Disclosure Document, the jury trial waiver extends to claims that include other parties or claims. Specifically, if litigation is initiated for claims arising out of or relating to the Franchise Agreement or the relationship between the parties, and this includes claims involving other parties, all parties waive their right to a trial by jury.

This waiver applies broadly to all causes of action that are or might be included in such litigation. This includes, but is not limited to, claims related to the enforcement or interpretation of the agreement, allegations of state or federal statutory violations, fraud, misrepresentation, or similar causes of action. It also applies in connection with any legal action initiated for the recovery of damages between the principals.

For a prospective Kidokinetics franchisee, this means that they will not be able to have a jury trial for any claims arising out of the franchise agreement, even if those claims involve other parties or are based on allegations of fraud or misrepresentation. This is a significant legal right to waive, and franchisees should carefully consider the implications before signing the agreement. It is common for franchise agreements to include jury trial waivers, as they can reduce litigation costs and time for both parties. However, franchisees should be aware of this provision and understand that they are giving up their right to a jury trial.