In New York, can Kidokinetics negotiate the terms covered in the Franchise Disclosure Document with me?

According to Kidokinetics's 2024 Franchise Disclosure Document, if you are a prospective franchisee in New York, Kidokinetics may choose to negotiate the terms outlined in the Franchise Disclosure Document. However, Kidokinetics is not allowed to use this negotiation process to pressure you into accepting terms that are less favorable than those already presented in the FDD. This means that while some aspects of the agreement might be open for discussion, the final terms must be as good as, or better than, the original offer.

This provision protects potential franchisees by ensuring a baseline standard of fairness. It allows for some flexibility in the franchising agreement to address specific needs or circumstances, but it prevents Kidokinetics from exploiting the negotiation process to weaken the franchisee's position. This is particularly important for ensuring that franchisees are not coerced into accepting unfavorable conditions due to pressure or lack of information.

Furthermore, the FDD emphasizes that certain rights and causes of action under New York's General Business Law cannot be waived. This includes the non-waiver provisions of General Business Law Sections 687(4) and 687(5), which relate to franchisee protections against fraud and misrepresentation. This reinforces the state's commitment to protecting franchisees and ensuring fair dealing in the franchise relationship. Therefore, while negotiation is possible, it must always respect the legal rights and protections afforded to franchisees under New York law.