Is the provision in the Kidokinetics Franchise Agreement requiring the application of Florida law necessarily enforceable under California law?

According to Kidokinetics' 2024 Franchise Disclosure Document, the Franchise Agreement stipulates that Florida law governs the agreement. However, the FDD explicitly states that this provision might not be enforceable under California law. This means that a California franchisee may not be bound by the Florida law provision in the agreement.

This acknowledgment is significant because California has specific franchise laws that are designed to protect franchisees. If any part of the Kidokinetics Franchise Agreement conflicts with the California Franchise Investment Law, the California law will take precedence. This ensures that California franchisees retain the rights and protections afforded to them under their state's laws, regardless of what the franchise agreement states about applying Florida law.

Prospective Kidokinetics franchisees in California should consult with legal counsel to fully understand their rights and obligations under both the Franchise Agreement and California law. This is particularly important when considering provisions related to termination, transfer, non-renewal, covenants not to compete, and dispute resolution, as these are areas where California law may differ from Florida law and offer greater protection to the franchisee.