Besides operating at the approved location, where else can a Kidokinetics franchisee use the Kidokinetics Intellectual Property?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Nothing in this Agreement gives the Franchisee any right, title, or interest in or to any of the Intellectual Property or any of Franchisor's or Licensor's service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Intellectual Property and the System in accordance with the terms and conditions of this Agreement for the operation of a Kidokinetics Business and only at or from the Kidokinetics Business Location or in approved advertising related to the Kidokinetics Business.
Franchisee shall identify itself as the owner of the Kidokinetics Business and as an independent Kidokinetics Franchise LLC franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at conspicuous locations or on any vehicle as Franchisor may designate in writing.
Unless otherwise authorized or required by Franchisor, Franchisee shall advertise the Kidokinetics Business only under the Mark "Kidokinetics ®," and design.
Franchisee must use only the Marks that Franchisor designates, and must use them only in the manner Franchisor authorizes and permits.
Franchisee must use the Marks only for the operation of the Kidokinetics Business at the location approved by Franchisor and for advertising the Kidokinetics Business.
Franchisee shall not use the Marks as part of its corporate or other legal name, and shall obtain the Franchisor's approval of its corporate or other legal name prior to filing it with the applicable
The license of the Marks granted to Franchisee hereunder is nonexclusive and Franchisor retains the right, among others, (i) to use the Marks itself in connection with selling products and services; (ii) to grant other licenses for the Marks; and (iii) to develop and establish other systems using the Marks, similar proprietary marks, or any other proprietary marks, and to grant licenses thereto without providing any rights therein to Franchisee.
Franchisee acknowledges that any unauthorized use of the Intellectual Property constitutes an infringement of Franchisor's or Licensor's rights in the Intellectual Property and an event of default hereunder.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee can use Kidokinetics's intellectual property at the approved Kidokinetics Business Location and in approved advertising related to the Kidokinetics Business. The franchisee must identify itself as the owner of the Kidokinetics Business and as an independent Kidokinetics Franchise LLC franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at conspicuous locations or on any vehicle as Kidokinetics may designate in writing.
The franchisee must advertise the Kidokinetics Business only under the Mark "Kidokinetics ®," and design, unless otherwise authorized or required by Kidokinetics. The franchisee must use only the Marks that Kidokinetics designates, and must use them only in the manner Kidokinetics authorizes and permits. The franchisee is not allowed to use the Marks as part of its corporate or other legal name without prior approval from Kidokinetics.
Kidokinetics retains the right to use the Marks itself in connection with selling products and services, grant other licenses for the Marks, and develop and establish other systems using the Marks, similar proprietary marks, or any other proprietary marks, and to grant licenses thereto without providing any rights therein to the franchisee. The franchisee acknowledges that any unauthorized use of the Intellectual Property constitutes an infringement of Kidokinetics's rights in the Intellectual Property and an event of default under the agreement.
It is important for a prospective franchisee to understand these restrictions on the use of Kidokinetics's intellectual property, as unauthorized use can lead to default of the agreement. Additionally, the franchisee should seek written approval from Kidokinetics for any merchandise that utilizes the Marks before selling it.