factual

Does the Kidokinetics Waiver and Release of Claims require all individuals with ownership interest in the franchisee to be signatories?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 15.3.6.

Franchisee and the transferee and each of Franchisee's and the transferee's Principals shall have executed a general release of all claims known or unknown under seal, in a form satisfactory to Franchisor, of any and all claims against Franchisor and Franchisor's officers, directors, shareholders, members and employees in their corporate and individual capacities, including, without limitation, claims arising out of or concerning under the Franchise Agreement and federal, state and local laws, rules and ordinances (to the fullest extent permitted by law).

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, Exhibit H includes a sample General Release Agreement, also known as the Waiver and Release of Claims. This release is required when a franchisee transfers their agreement, enters into a successor franchise agreement, amends the agreement, or terminates the agreement.

The document states that as a condition to the franchisor's consent to the transfer, successor agreement, amendment, or termination, the releasor must agree to execute the release based on the terms and conditions outlined. The FDD specifies that Franchisee and each of Franchisee's Principals shall execute a general release of all claims known or unknown under seal, in a form satisfactory to Franchisor, of any and all claims against Franchisor and Franchisor's officers, directors, shareholders, members and employees in their corporate and individual capacities, including, without limitation, claims arising out of or concerning under the Franchise Agreement and federal, state and local laws, rules and ordinances (to the fullest extent permitted by law).

This means that not only the franchisee but also each of the franchisee's principals (individuals with ownership interest) must sign the release. This release covers all known and unknown claims against Kidokinetics and its associated parties, within the fullest extent permitted by law. A prospective franchisee should carefully review this release with their legal counsel to understand the full scope of the claims being waived and the implications of signing it.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.