What action can the franchisor take if a Kidokinetics franchisee displays objectionable signage?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Prominently display signs in and upon the Kidokinetics Business Location and service vehicles using the Marks and/or other advertising of such nature, form, color, number, location and size, and containing such material, as Franchisor may from time to time reasonably direct or approve in writing; and to not display in or upon the Kidokinetics Business Location or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects, including signs and advertising media which have been outdated.
Upon giving Franchisee notice of its objection to same or upon termination of this Agreement, Franchisor may at any time enter upon the Kidokinetics Business Location or elsewhere and remove any objectionable or non-approved signs or advertising media and keep or destroy same without reimbursing Franchisee or without being deemed guilty of trespass or any other tort;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, Kidokinetics has the right to enter the franchisee's business location and remove any objectionable or non-approved signs or advertising media. Kidokinetics can keep or destroy the signs without reimbursing the franchisee and without being deemed guilty of trespass or any other tort.
Kidokinetics requires franchisees to prominently display approved signs at their business location and on service vehicles. These signs must use the Marks and advertising in the nature, form, color, number, location, and size that Kidokinetics directs or approves in writing. Franchisees must not display any sign or advertising that Kidokinetics reasonably objects to, including outdated materials.
This clause in the franchise agreement gives Kidokinetics significant control over the branding and image presented to the public. It ensures uniformity across all franchise locations and protects the Kidokinetics brand's reputation. A prospective franchisee should understand that they must adhere to Kidokinetics's standards for signage and advertising, and failure to do so could result in the removal of the unapproved materials at the franchisee's expense.