Does the release in the Kidokinetics Franchise Agreement apply to state laws?

The 2024 Kidokinetics Franchise Disclosure Document includes a sample System Protection Agreement that contains a clause specifying which state's laws govern the agreement. According to the sample agreement, the agreement is governed by, construed, and enforced under the laws of Florida, and the courts in that state have jurisdiction over any legal proceedings arising out of the agreement.

This means that any disputes arising from the System Protection Agreement will be subject to Florida law, regardless of the franchisee's location. This could have implications for franchisees located outside of Florida, as they may need to familiarize themselves with Florida law in the event of a dispute. Franchisees may also incur additional costs if they need to engage legal counsel familiar with Florida law.

It is important for prospective Kidokinetics franchisees to carefully review the System Protection Agreement and understand the implications of the governing law provision. They should also consider consulting with an attorney to discuss any potential legal issues that may arise from this provision.