Does the release in the Kidokinetics Franchise Agreement apply to political subdivisions?
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 includes a sample general release agreement. This agreement is used when a franchisee transfers their agreement, enters into a successor franchise agreement, amends the agreement, or terminates the agreement. The release is executed as a condition of the franchisor's consent to these actions. The document does not specify whether the release extends to political subdivisions.
Given the absence of explicit mention of political subdivisions in the release agreement, prospective Kidokinetics franchisees should seek clarification from the franchisor. Understanding the scope of the release is crucial, especially if the franchisee anticipates any interactions or disputes involving governmental entities during the course of their franchise operations.
To gain a comprehensive understanding, a potential franchisee should ask Kidokinetics about the specific circumstances under which the release agreement is used and whether it has any implications for dealings with political subdivisions or government agencies. This due diligence will help ensure that the franchisee is fully aware of their rights and obligations under the franchise agreement.