What constitutes abandonment of the Kidokinetics business, leading to termination?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 16.2.3. abandons the Kidokinetics Business for a period of five consecutive days or more, with the term "abandon" including any conduct which indicates a desire or intent to discontinue operating the Kidokinetics Business in accordance with the terms of this Agreement and will apply in any event if Franchisee fails to operate the Kidokinetics Business as a Kidokinetics Franchise LLC. business for a period of 5 or more consecutive days without Franchisor's prior written approval;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, abandoning the business can lead to termination of the franchise agreement. Abandonment is defined as failing to operate the Kidokinetics business for five or more consecutive days without prior written approval from Kidokinetics. The term 'abandon' includes any conduct that indicates a desire or intent to discontinue operating the Kidokinetics business according to the franchise agreement.
This means that if a franchisee closes their Kidokinetics location or stops providing services for five or more days without getting permission from Kidokinetics, it can be considered a breach of contract. Kidokinetics could then terminate the franchise agreement.
For a prospective franchisee, this highlights the importance of maintaining consistent operations and communicating with Kidokinetics about any potential disruptions. Obtaining written approval for any planned closures or service interruptions is crucial to avoid the risk of termination. This clause protects Kidokinetics's brand and ensures consistent service delivery across all franchise locations.