factual

What is the deadline for a Kidokinetics franchisee to discontinue or modify their use of Marks after notification of a substitution?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisor reserves the right to substitute different Marks for use in identifying the System and the Kidokinetics Business if the current Marks no longer can be used by Franchisor, or if Franchisor, in its sole discretion, determines that substitution of different Marks will be beneficial to the System.

In such event, Franchisor will require Franchisee, at Franchisee's expense, to discontinue or modify Franchisee's use of any of the Marks or to use one or more additional or substitute Marks no later than 10 days after notification thereof.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics reserves the right to substitute different Marks (logotypes, service marks, and trademarks) for use in identifying the System and the Kidokinetics Business. This substitution can occur if the current Marks can no longer be used by Kidokinetics, or if Kidokinetics determines that using different Marks will benefit the System.

In the event of a substitution, Kidokinetics will require the franchisee to discontinue or modify their use of any of the Marks. Alternatively, Kidokinetics may require the franchisee to use one or more additional or substitute Marks. The franchisee must comply with these changes no later than 10 days after receiving notification from Kidokinetics. The franchisee is responsible for bearing the expenses associated with these changes.

This clause ensures that Kidokinetics can maintain control over its brand identity and adapt to changing market conditions or legal requirements. For a prospective franchisee, this means being prepared to update signage, marketing materials, and other branded items quickly and at their own cost if Kidokinetics decides to change its Marks. It is important for franchisees to factor in these potential expenses and be aware of the relatively short timeframe for implementing such changes.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.