Are representations in the Kidokinetics Franchise Agreement intended to act as a release of liability under the Maryland Franchise Registration and Disclosure Law?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Representations in the Franchise Agreement are not intended to, nor shall they act as, a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Item 17 of the FDD and sections of the Franchise Agreement are amended to state that you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the Franchise.
The Franchise Agreement and Franchise Disclosure Questionnaire are amended to state that all representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to, nor shall they act as, a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, representations made within the Franchise Agreement are not designed to act as a release, estoppel, or waiver of liability under the Maryland Franchise Registration and Disclosure Law. This means that any statements or agreements made by the franchisee in the Franchise Agreement will not be interpreted as a relinquishment of their rights or protections under Maryland's franchise laws.
The FDD clarifies that all representations requiring prospective franchisees to agree to a release, estoppel, or waiver of liability are not intended to, nor shall they act as, a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. Furthermore, the document states that franchisees can bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, provided that such claims are brought within three years after the grant of the Franchise.
These stipulations protect Kidokinetics franchisees in Maryland by ensuring that they retain their legal rights and recourse under state franchise laws, regardless of any general provisions in the Franchise Agreement. This amendment aims to provide clarity and assurance to potential franchisees, emphasizing that their rights under Maryland law are fully preserved and enforceable.