What is required for any amendment of the provisions of the Kidokinetics franchise agreement to be binding upon either party?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor will notify Franchisee of updates, revisions, modifications or amendments to the Franchise Operations Manual.
Franchisee must comply with all updates, revisions, modifications or amendments to the Franchise Operations Manual no later than 30 days after notification at Franchisee's sole expense.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, the document does not specify the requirements for amendments to the franchise agreement to be binding. The document does discuss modifications to the Franchise Operations Manual, stating that Kidokinetics will notify the franchisee of updates, revisions, modifications, or amendments to the Franchise Operations Manual. The franchisee must comply with all updates, revisions, modifications, or amendments to the Franchise Operations Manual no later than 30 days after notification at the franchisee's sole expense.
However, this clause refers specifically to the Franchise Operations Manual, not the franchise agreement itself. The FDD excerpts provided do not detail the process or requirements for formally amending the franchise agreement.
A prospective Kidokinetics franchisee should ask the franchisor about the specific procedures and requirements for amending the franchise agreement. This would include understanding what form amendments must take (e.g., written, signed by both parties), whether there are specific clauses that address amendments, and what legal standards govern the amendment process to ensure any changes are binding and enforceable.