Who bears the expense of installing and maintaining the management software and computer system required by Kidokinetics?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Computer Systems.
Kidokinetics
- 11.3.1. Franchisee, at Franchisee's sole expense, shall install and maintain the management software, required applications and a computer system that complies with Franchisor's standards and specifications, including: (i) an office computer, a tablet computer, a telephone, a fax machine, and a smartphone; (ii) a custom and proprietary point of sale system (the "POS System"), if Franchisor makes such a POS System part of its proprietary operating system in the future; (iii) printers and other peripheral hardware or devices; (iv) archival back-up systems; (v) Internet access mode and speed; and (vi) physical, electronic, and other security systems (collectively, the "Computer System"); and Franchisee shall follow the procedures related thereto that Franchisor specifies in the Franchise Operations Manual or otherwise in writing.
- 11.3.2. Franchisor may require Franchisee, at Franchisee's sole expense, to install and maintain systems that permit Franchisor to electronically access and retrieve any information stored in Franchisee's management software and other computer systems, including, without limitation, information concerning Gross Sales. Upon Franchisor's request, Franchisee shall execute such documents as Franchisor deems necessary to permit Franchisor to electronically access and retrieve all information stored on Franchisee's office computer, tablet computer, and smartphone, and in Franchisee's management software and other computer systems. There are no contractual limitations on Franchisor's right to access the information and data on Franchisee's POS System and Computer System.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the franchisee is responsible for all expenses related to the installation and maintenance of required management software and computer systems. This includes the initial setup and ongoing upkeep of the computer system, which must adhere to Kidokinetics' standards and specifications.
The computer system encompasses various components such as an office computer, a tablet computer, a telephone, a fax machine, and a smartphone. It also includes a custom point-of-sale (POS) system, should Kidokinetics implement one in the future, as well as printers, peripheral hardware, archival back-up systems, internet access, and security systems. The franchisee is also responsible for any upgrades to equipment, machinery, tools, and computer hardware, including QuickBooks Pro online or other designated management software, as required by Kidokinetics.
Kidokinetics may also require the franchisee to install and maintain systems that allow Kidokinetics to electronically access and retrieve information, including gross sales data, from the franchisee's management software and computer systems. The franchisee must provide Kidokinetics with access codes and any other necessary information to facilitate this access. Furthermore, the franchisee is obligated to participate in any system-wide computer network, intranet, or extranet system that Kidokinetics implements, ensuring compliance with all standards and protocols outlined in the Franchise Operations Manual.