Can Engineering For Kids charge franchisees for set-up of Computer Upgrades?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
8.5.4. You agree to implement and periodically upgrade and make other changes to the Computer System and Required Software as we may reasonably request in writing (collectively, "Computer Upgrades").
8.5.5. You agree to comply with the specifications that we issue with respect to the Computer System and the Required Software, and with respect to Computer Upgrades, at your expense, which may include monthly licensing and support fees and/or other charges (including for example and without limitation, charges for installation, set-up and/or training) due to the supplier of such services and/or items (which suppliers may include us or our affiliates).
You also agree to afford us unimpeded access to your Computer System and Required Software, including all information and data maintained thereon, in the manner, form, and at the times that we request.
- 8.5.6. You agree that all data pertaining to, derived from, or displayed in connection with the Franchised Business (including, without limitation, any data that you collect or develop regarding the Franchised Business' customers, clients and participants and potential customers, but excluding consumers' credit card and/or other payment information), whether or not uploaded to our system from your system, and/or downloaded from your system to our system ("Data"), is deemed to be owned exclusively by us.
We will have the right to use such Data in any manner that we deem appropriate without compensation to you.
With respect to any Data from your Franchise Business that we maintain, we grant a royalty-free non-exclusive license to you to use the Data while this Agreement (including any successor agreement) is in effect, but only in connection with operating the Franchised Business and only in accordance with the policies that we periodically establish (which may include, without limitation, terms and conditions relating to use, retention, storage and/or removal).
You acknowledge and agree that except for the right to use the Data under this clause, you will not develop or have any ownership rights in or to the Data.
You may not sell, transfer, or use Data for any purpose other than operating the Franchised Business and marketing "Engineering For Kids" Programs and services.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids's 2025 Franchise Disclosure Document, franchisees are responsible for the costs associated with implementing and upgrading the computer system and required software. These upgrades, referred to as "Computer Upgrades," must be made as reasonably requested by Engineering For Kids in writing.
The costs borne by the franchisee may include monthly licensing and support fees, as well as other charges related to the installation, set-up, and training for these Computer Upgrades. These fees and charges could be payable either to Engineering For Kids, its affiliates, or to third-party suppliers of these services or items. Therefore, Engineering For Kids can charge franchisees for the set-up of computer upgrades.
Furthermore, Engineering For Kids requires unimpeded access to the franchisee's computer system and software, including all data stored within, in the manner, form, and at the times requested by Engineering For Kids. All data pertaining to the franchised business is deemed to be owned exclusively by Engineering For Kids, who has the right to use this data as they see fit without compensating the franchisee. The franchisee is granted a royalty-free, non-exclusive license to use the data only in connection with operating the franchised business, in accordance with Engineering For Kids's policies.