Under what state's laws will the Kidokinetics Franchise Agreement be governed, construed, and enforced?
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' 2024 Franchise Disclosure Document, the Franchise Agreement will be governed by, construed, and enforced under the laws of Florida. Furthermore, any legal proceedings arising from the agreement will be under the jurisdiction of the courts in Florida.
This means that if there are disputes regarding the interpretation or enforcement of the franchise agreement, Florida law will be applied. This is important for prospective franchisees to understand, especially if they are located outside of Florida, as they may need to familiarize themselves with Florida's legal framework.
Additionally, any legal actions related to the franchise agreement would need to be pursued in Florida courts. This could potentially increase costs and logistical challenges for franchisees who reside in other states, as they may need to travel to Florida for hearings or trials and potentially hire legal representation familiar with Florida law.
It is common practice in franchising for the franchise agreement to specify a particular state's laws to govern the agreement, as this provides clarity and predictability in the event of legal disputes. Franchisees should carefully consider the implications of the governing law and forum selection clauses before entering into a franchise agreement.