What aspects of the Kidokinetics Franchise Agreement can Kidokinetics unilaterally modify?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor has created and developed special procedures, standards and 8.1. methods for operating and maintaining the Kidokinetics Business, which standards are incorporated into our Franchise Operations Manual.
Franchisor will loan a copy of the Franchise Operations Manual to Franchisee.
The Franchise Operations Manual and other documents are subject to modification from time to time as Franchisor determines, in its sole discretion.
Franchisee agrees to operate the Kidokinetics Business in accordance with the Franchise Operations Manual.
Franchisor will notify Franchisee of updates, revisions, modifications or amendments to the Franchise Operations Manual.
Franchisee must comply with all updates, revisions, modifications or amendments to the Franchise Operations Manual no later than 30 days after notification at Franchisee's sole expense.
The Franchise Operations Manual contains Franchisor's Trade Secrets and other Confidential Information and it shall be kept confidential by Franchisee during the term of the Franchise and subsequent to the expiration and non-renewal, termination, or transfer of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, Kidokinetics has the right to modify the Franchise Operations Manual from time to time at its sole discretion. This manual contains the special procedures, standards, and methods for operating and maintaining the Kidokinetics Business.
Kidokinetics will notify franchisees of any updates, revisions, modifications, or amendments to the Franchise Operations Manual. Franchisees are then required to comply with these changes no later than 30 days after notification, and at their own expense.
The Franchise Operations Manual also contains Kidokinetics' trade secrets and other confidential information, which the franchisee must keep confidential during the term of the franchise agreement and even after its expiration, non-renewal, termination, or transfer. This means a franchisee must stay current with changes to the manual and bear the costs of implementing those changes to remain compliant with the franchise agreement.