Does Hyper Kidz have the right to develop and franchise other systems with different trademarks and services?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
- (b) To develop, use and franchise the rights to any trade names, trademarks, service marks, trade symbols, emblems, signs, slogans, insignia, or copyrights not designated by us as Marks for
use with different franchise systems for the sale of the different products or services not in connection with the System at any location, on such terms and conditions as we may deem advisable and without granting you any rights therein.
Source: Item 23 — RECEIPTS (FDD pages 52–205)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, Hyper Kidz retains the right to develop and franchise other systems. Specifically, Hyper Kidz has the right to develop, use, and franchise rights to any trade names, trademarks, service marks, trade symbols, emblems, signs, slogans, insignia, or copyrights not designated as Marks for use with different franchise systems. These systems would be for the sale of different products or services not connected with the Hyper Kidz system.
Hyper Kidz can do so at any location and on terms and conditions they deem advisable. This is done without granting the franchisee any rights to these other systems. This clause protects Hyper Kidz's ability to diversify and expand into different markets or services without being restricted by the existing franchise agreements.
For a prospective Hyper Kidz franchisee, this means that while they are granted specific rights within the Hyper Kidz system, the franchisor retains broad rights to develop and operate other, potentially competing, franchise systems. This is a fairly standard clause in franchise agreements, allowing franchisors to explore new business opportunities. However, franchisees should be aware that the franchisor could potentially introduce new brands or services that might indirectly compete with their Hyper Kidz franchise.