Under the Kidokinetics Release agreement, what state's laws govern the construction and interpretation of the Release?
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 the 2024 Kidokinetics Franchise Disclosure Document, the Confidentiality Agreement will be governed, construed, and enforced under the laws of Florida. This means that any disputes arising from the agreement will be subject to Florida law, regardless of where the franchisee is located. This is a common practice in franchising, as it provides the franchisor with a consistent legal framework across all franchise locations.
For a prospective Kidokinetics franchisee, this clause has several implications. First, it means that they will need to familiarize themselves with Florida law, particularly as it relates to confidentiality agreements. This may require consulting with an attorney who is familiar with Florida law. Second, it means that any legal proceedings related to the agreement will take place in Florida, which could involve travel and other expenses.
While the FDD excerpt specifies that Florida law governs the Confidentiality Agreement, it does not explicitly address which state's laws govern the construction and interpretation of the General Release Agreement. A prospective franchisee should seek clarification from Kidokinetics regarding which state's laws govern the General Release Agreement to fully understand their legal obligations and rights under that specific contract.