Who has control over the Kidokinetics website?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor has established a website that provides information about the System and the services offered by the Kidokinetics franchises (the "Website").
Franchisor has sole discretion and control over the Website, including whether to discontinue the Website.
Franchisor will provide Franchisee with a dedicated page on the Website for Franchisee's Kidokinetics Business.
Franchisor may require Franchisee, at Franchisee's expense, to prepare all or a portion of the page using a template that Franchisor provides.
All such information will be subject to Franchisor's approval prior to posting.
Franchisee has no ownership or other proprietary rights to such page and will lose all rights to such page upon expiration or termination of this Agreement for any reason.
- 11.3.9.
Franchisor may use a portion of the Brand Development Fund Contributions or the Technology Fee to pay or reimburse itself for the costs incurred in connection with the development, maintenance and update of its website.
- 11.3.10.
Franchisee acknowledges that Franchisor and/or Franchisor's affiliates are the lawful, rightful and sole owner of the Internet domain name www.kidokinetics.com as well as any other Internet domain names registered by Franchisor and/or Franchisor's affiliates, and unconditionally disclaims any ownership interest in such Internet domain names and any Internet domain names similar thereto.
Franchisee agrees not to register any Internet domain name in any class or category that contains words used in or similar to any brand name owned by Franchisor or Franchisor's affiliates or any abbreviation, acronym, phonetic variation or visual variation of those words.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, Kidokinetics, as the franchisor, retains sole discretion and control over the brand's website. This includes the right to decide whether to discontinue the website altogether. While franchisees receive a dedicated page on the Kidokinetics website to promote their local franchise, the franchisor maintains approval rights over all content posted on these pages. Franchisees do not gain any ownership or proprietary rights to their dedicated page and lose all rights to it upon termination of the Franchise Agreement.
Kidokinetics may utilize funds from the Brand Development Fund or Technology Fees to cover the costs associated with the website's development, maintenance, and updates. Furthermore, Kidokinetics and its affiliates are the sole owners of the domain name www.kidokinetics.com and any other registered domain names. Franchisees are prohibited from registering any domain names that are similar to the Kidokinetics brand name.
Kidokinetics also reserves the right to access a franchisee's social media accounts related to the Kidokinetics business to make upgrades, post information, and manage the accounts as they see fit for the benefit of the entire Kidokinetics system. Franchisees must provide content for internet marketing as requested by Kidokinetics and adhere to all internet usage rules and policies. Kidokinetics retains the right to approve any links to or other uses of the Kidokinetics website. This level of control ensures brand consistency and allows Kidokinetics to manage its online presence effectively.
For a prospective franchisee, this means that while they will have a presence on the Kidokinetics website, they will not have control over the overall site or its content. They must adhere to Kidokinetics's standards and obtain approval for any content they wish to publish. This is a common practice in franchising, as it allows the franchisor to maintain brand consistency and protect its trademarks.