How does the assistance provided by Kidokinetics (Item 11) relate to the obligations of the franchisee (Item 9)?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
We will provide you with post-opening Enhanced Business Coaching and Training Services, either directly or through an affiliate we designate in the future.
You will at all times be responsible for complying with the obligations of the Franchise Agreement even though you will receive these Enhanced Business Coaching and Training Services to assist with your obligations (Franchise Agreement Section 5.2.6).
Reserve the right to establish minimum and maximum resale prices for use with multiarea marketing programs and special price promotions as allowed by law.
We have no obligation to: (i) develop new products or services to be offered by you to your customers; (ii) hire or train employees; (iii) improve or develop the Kidokinetics Business; (iv) establish prices; (v) establish or use administrative, bookkeeping, accounting or inventory control procedures; or (vi) resolve operating problems encountered by you in the operation of your Kidokinetics Business. We
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, Item 11 outlines the assistance Kidokinetics provides to franchisees, while other Items, particularly within the franchise agreement, detail the franchisee's obligations. The assistance provided by Kidokinetics is designed to support franchisees in meeting these obligations, but franchisees remain responsible for fulfilling all requirements of the Franchise Agreement, irrespective of the support they receive.
Kidokinetics offers various forms of assistance, including pre-opening support such as territory designation, initial training, and providing the Franchise Operations Manual. They also provide written specifications for required equipment and lists of approved suppliers. During the operation of the Kidokinetics business, Kidokinetics offers advice based on reports or inspections, additional training programs (mandatory or optional), and may schedule national business meetings or conventions. They also provide individualized assistance upon request, subject to personnel availability. Franchisees are expected to adhere to Kidokinetics' standards and specifications, participate in training, and maintain the Kidokinetics business according to the guidelines provided in the Franchise Operations Manual.
Franchisees are responsible for managing the day-to-day operations, training their own employees, and ensuring compliance with Kidokinetics' standards. Kidokinetics retains the right to inspect the Kidokinetics Business and approve advertising materials to ensure these standards are met. While Kidokinetics may offer post-opening Enhanced Business Coaching and Training Services, the franchisee is ultimately accountable for complying with all obligations outlined in the Franchise Agreement. This includes operating the Kidokinetics Business to achieve optimum sales and upholding the brand's reputation.
Kidokinetics does not have obligations to develop new products or services, hire or train employees for the franchisee, establish prices, or resolve operating problems encountered by the franchisee. The franchisee's obligations include devoting full-time efforts to the business, maintaining a website, and complying with Kidokinetics' procedures for any toll-free telephone number services. Franchisees must also allow Kidokinetics access to their tax filings and cooperate with Kidokinetics in verifying compliance with all representations, warranties, and covenants within the agreement.