What does 'Copyrights' refer to in the context of a Kidokinetics franchise agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
For purposes of this Agreement, the following terms have the meanings given to them below:
"Competitive Business" means any youth fitness business or any other business offering any other goods or services offered or authorized for sale by System franchisees.
"Copyrights" means all works and materials for which we or our affiliate have secured common law or registered copyright protection and that we allow franchisees to use, sell, or display in connection with the marketing and/or operation of a Kidokinetics business or the solicitation or offer of a Kidokinetics franchise, whether now in existence or created in the future.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, 'Copyrights' are defined within the context of both the System Protection Agreement and the Confidentiality Agreement. These agreements outline the protection and usage of Kidokinetics' intellectual property. Specifically, 'Copyrights' encompass all works and materials for which Kidokinetics or its affiliates have secured common law or registered copyright protection.
Kidokinetics franchisees are permitted to use, sell, or display these copyrighted materials in connection with the marketing and operation of their Kidokinetics business. This includes activities related to the solicitation or offer of a Kidokinetics franchise. The definition applies to copyrighted materials whether they are currently in existence or created in the future.
This definition is important for prospective franchisees as it clarifies what materials are protected under copyright and how they can be used within the scope of their franchise agreement. It also highlights the importance of adhering to the terms of the System Protection Agreement and Confidentiality Agreement to avoid any infringement on Kidokinetics' intellectual property rights. Understanding this definition helps franchisees operate their business in compliance with the franchise agreement and protects both the franchisee and Kidokinetics from potential legal issues related to copyright infringement.