Does the release in the Kidokinetics Franchise Agreement apply to federal laws?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
e at any time.
EXHIBIT H-1
KIDOKINETICS FRANCHISE
SAMPLE GENERAL RELEASE AGREEMENT
WAIVER AND RELEASE OF CLAIMS
This Waiver and Release of Claims ("Release") is made as of ___________________________________
WHEREAS, Franchisor and Franchisee have entered into a Franchise Agreement ("Agreement") pursuant to which Franchisee was granted the right to own and operate a Kidokinetics business;
WHEREAS, (Franchisee has notified Franchisor of its desire to transfer the Agreement and all rights related thereto, or an ownership interest in Franchisee, to a transferee/enter into a successor franchise agreement/amend the Agreement) or (the Agreement is being terminated/or indicate other reason for the requirement of this waiver and release), and Franchisor has consented to such (transfer/successor franchise agreement/amendment/termination/other reason); and
WHEREAS, as a condition to Franchisor's consent to (transfer the Agreement/enter into a successor franchise agreement/amend the Agreement/terminate the Agreement/other reason), Releasor has agreed to execute this Release upon the terms and conditions stated below.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, Exhibit H-1 contains a sample general release agreement, which includes a waiver and release of claims. While the exhibit introduces the release and its purpose, the provided excerpt does not specify whether this release extends to claims arising under federal laws.
Because the scope of the release isn't detailed in the provided documentation, prospective Kidokinetics franchisees should carefully review the full release agreement with legal counsel to understand the full extent of the claims being waived. This is especially important when the agreement involves a transfer, successor agreement, amendment, or termination of the franchise agreement.
To fully understand the implications, a prospective franchisee should ask Kidokinetics for a complete copy of the General Release Agreement and clarify whether the release applies to federal, state, and local laws. Understanding the scope of the release is crucial before signing any franchise agreement or related documents.