What assistance is a Kidokinetics franchisee obligated to provide to the franchisor regarding the Intellectual Property?

According to the 2024 Kidokinetics FDD, franchisees have specific obligations to assist the franchisor in protecting its intellectual property. Kidokinetics franchisees must provide the franchisor or licensor with assignments, affidavits, documents, information, and assistance that the franchisor reasonably requests. This support is intended to help the franchisor fully establish its rights, title, and interest in the intellectual property. It also includes helping the franchisor register, maintain, and enforce these intellectual property rights.

Kidokinetics franchisees must not take any actions that could harm or interfere with the validity of the franchisor's or licensor's intellectual property rights. Franchisees also agree not to contest the validity of the intellectual property or assist others in doing so. Unauthorized use of the intellectual property by the franchisee is considered an infringement of the franchisor's or licensor's rights and constitutes a default under the franchise agreement.

These stipulations are typical in franchising, as franchisors rely heavily on their trademarks, service marks, and other intellectual property for brand recognition and consistency across all franchise locations. By requiring franchisees to actively support the protection of this intellectual property, Kidokinetics aims to maintain the integrity and value of its brand. Franchisees should understand that protecting the Kidokinetics brand is a shared responsibility, and failure to comply with these requirements could lead to legal and financial repercussions.