Can Engineering For Kids require a franchisee to offer and conduct Virtual Programs?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
In no way limiting the terms of Sections 7.1 or 7.2 above, the following terms apply to recorded videos and other programs and materials prepared to be provided to customers of Engineering for Kids Businesses through designated online and "virtual" settings that we prescribe and/or approve in writing (the "Virtual Programs"). We have developed Virtual Programs for use by Engineering for Kids Businesses as a supplemental method of offering Programs during periods when Engineering Kids Businesses are under governmental restrictions that impair their ability to conduct in-person Programs. The Virtual Programs are not intended as a replacement for in-person Programs and you must offer in-person Programs unless legally restricted from doing so or we provide written modification of that requirement. With respect to Virtual Programs, we have the right to (a) require that you offer and conduct Virtual Programs; (b) right to designate some or all Virtual Programs as Core Programs or as optional Programs; and (c) discontinue and disapprove any or all Virtual Programs in the future. Unless otherwise specified, the terms and conditions of this Agreement regarding "Programs," will apply to "Virtual Programs."
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, Engineering For Kids has the right to require franchisees to offer and conduct Virtual Programs. These Virtual Programs are intended to supplement in-person programs, especially when governmental restrictions hinder the ability to conduct in-person sessions.
The FDD specifies that Engineering For Kids can designate Virtual Programs as either Core Programs (mandatory) or optional Programs. This means that Engineering For Kids has the flexibility to decide which Virtual Programs are essential for all franchisees to offer and which ones are optional. Furthermore, Engineering For Kids retains the right to discontinue or disapprove any or all Virtual Programs in the future.
For a prospective franchisee, this means they must be prepared to offer Virtual Programs if required by Engineering For Kids. The franchisee should stay informed about which Virtual Programs are designated as Core Programs and be ready to implement them. It is also important to understand that Engineering For Kids can change its requirements regarding Virtual Programs, so franchisees need to be adaptable and responsive to these changes. The terms and conditions of the franchise agreement that apply to 'Programs' also apply to 'Virtual Programs,' unless otherwise specified.