Under the Kidokinetics franchise agreement, if a Principal files a voluntary petition under bankruptcy law, is this grounds for automatic termination?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Default and Automatic Termination. Franchisee will be deemed to be in default under this Agreement, 16.1. and all rights granted herein will automatically terminate without notice to Franchisee, if Franchisee becomes insolvent or makes a general assignment for the benefit of creditors; or if Franchisee or any Principal files a voluntary petition under any section or chapter of federal bankruptcy law or under any similar law or statute of the United States or any state thereof, or admits in writing its inability to pay its debts when due; or if Franchisee or any Principal is adjudicated as bankrupt or insolvent in proceedings filed against Franchisee or any Principal under any section or chapter of federal bankruptcy laws or under any similar law or statute of the United States or any state; or if a bill in equity or other proceeding for the appointment of a receiver of Franchisee or other custodian for Franchisee's business or assets is filed and consented to by Franchisee; or if a receiver or other custodian (permanent or temporary) of Franchisee's assets or property, or any part thereof, is appointed by any court of competent jurisdiction; or if proceedings for a composition with creditors under any state or federal law should be instituted by or against Franchisee; or if a final judgment remains unsatisfied or of record for 30 days or longer (unless supersedeas bond is filed); or if Franchisee is dissolved; or if execution is levied against Franchisee's business or property; or if suit to foreclose any lien or mortgage against the Kidokinetics Business premises or equipment is instituted against Franchisee and not dismissed within 30 days.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the franchise agreement outlines specific conditions under which a franchisee's rights can be automatically terminated without notice. If a Principal files a voluntary petition under any section or chapter of federal bankruptcy law, this constitutes an event of default that triggers automatic termination of the Kidokinetics franchise agreement.
This provision means that if a Principal associated with the Kidokinetics franchise initiates a bankruptcy filing, the franchisee immediately loses all rights granted under the franchise agreement. This automatic termination occurs without any prior notice from Kidokinetics.
This type of clause is relatively standard in franchise agreements to protect the franchisor's brand and business interests. Bankruptcy can significantly impact the operation and financial stability of the franchise, potentially harming the Kidokinetics brand. Prospective franchisees should understand these conditions and assess their financial stability and risk tolerance before entering into the agreement.