Under the Kidokinetics agreement, which state's laws govern the agreement's interpretation and enforcement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- c. This Agreement will be governed by, construed, and enforced under the laws of Florida, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the franchise agreement is governed by Florida law. This means that the laws of Florida will be used to interpret and enforce the agreement. Additionally, any legal proceedings arising from the agreement will be under the jurisdiction of the courts in Florida.
This is a standard clause in franchise agreements, specifying which state's laws will apply in case of disputes. It provides clarity and predictability regarding the legal framework governing the relationship between Kidokinetics and its franchisees. Franchisees should be aware that if a dispute arises, they may need to engage legal counsel familiar with Florida law and potentially litigate in Florida courts, regardless of where their franchise is located.
Kidokinetics's choice of Florida law may be influenced by the location of its headquarters or principal place of business. Franchisees should consider the implications of this clause, especially if they are located in a different state, as it may add complexity and cost to resolving any legal issues that may arise.