What does the Kidokinetics Waiver and Release of Claims say about confidentiality regarding the release itself?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
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EXHIBIT H
CONTRACTS FOR USE WITH THE KIDOKINETICS FRANCHISE
The following contracts contained in Exhibit H are contracts that Franchisee is required to utilize or execute after signing the Franchise Agreement in the operation of the Kidokinetics Business. The following are the forms of contracts that Kidokinetics Franchise LLC uses as of the Issuance Date of this Franchise Disclosure Document. If they are marked "Sample," they are subject to change at any time.
EXHIBIT H-1
KIDOKINETICS FRANCHISE
SAMPLE GENERAL RELEASE AGREEMENT
WAIVER AND RELEASE OF CLAIMS
This Waiver and Release of Claims ("Release") is made as of ___________________________________
WHEREAS, Franchisor and Franchisee have entered into a Franchise Agreement ("Agreement") pursuant to which Franchisee was granted the right to own and operate a Kidokinetics business;
WHEREAS, (Franchisee has notified Franchisor of its desire to transfer the Agreement and all rights related thereto, or an ownership interest in Franchisee, to a transferee/enter into a successor franchise agreement/amend the Agreement) or (the Agreement is being terminated/or indicate other reason for the requirement of this waiver and release), and Franchisor has consented to such (transfer/successor franchise agreement/amendment/termination/other reason); and
WHEREAS, as a condition to Franchisor's consent to (transfer the Agreement/enter into a successor franchise agreement/amend the Agreement/terminate the Agreement/other reason), Releasor has agreed to execute this Release upon the terms and conditions stated below.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, Exhibit H includes contracts that a franchisee is required to use or execute after signing the Franchise Agreement. Among these is a Sample General Release Agreement, also called a Waiver and Release of Claims. However, the document does not specify any terms regarding the confidentiality of the release itself.
While the provided excerpts do discuss confidentiality in the context of the franchise agreement and confidential information related to the Kidokinetics system, they do not address whether the terms or existence of the Waiver and Release of Claims must be kept confidential. The FDD excerpts do mention a confidentiality agreement that franchisees and related parties must adhere to, but this agreement appears to focus on protecting Kidokinetics's proprietary information and business methods.
A prospective Kidokinetics franchisee should inquire with the franchisor about whether the Waiver and Release of Claims contains any confidentiality provisions. It would be prudent to understand if there are any restrictions on discussing the terms of the release with third parties, as this could impact the franchisee's legal and business strategies.