As an employee, independent contractor, agent, representative, or supplier of a Kidokinetics franchisee, what am I agreeing to comply with?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
you were to use such Intellectual Property in any way other than as described in this Agreement. In order to avoid such damage, you agree to comply with this Agreement.
- Know-How and Intellectual Property: Non-disclosure and Ownership. You agree: (i) you will not use the Intellectual Property in any business or capacity other than for the benefit of the Kidokinetics Business operated by Franchisee or in any way detrimental to us or to the Franchisee; (ii) you will maintain the confidentiality of the Intellectual Property at all times; (iii) you will not make unauthorized copies of documents containing any Intellectual Property; (iv) you will take such reasonable steps as we may ask of you from time to time to prevent unauthorized use or disclosure of the Intellectual Property; and (v) you will stop using the Intellectual Property immediately if you are no longer an employee, independent contractor, agent, representative, or supplier of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than performing your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
The Intellectual Property is and shall continue to be the sole property of Kidokinetics Franchise LLC. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
-
- Immediate Family Members. You acknowledge you could circumvent the purpose of this Agreement by disclosing Intellectual Property to an immediate family member (i.e., spouse, parent, sibling, child, or grandchild). You also acknowledge that it would be difficult for us to prove whether you disclosed the Intellectual Property to family members. Therefore, you agree you will be presumed to have violated the terms of this Agreement if any member of your immediate family uses or discloses the Intellectual Property. However, you may rebut this presumption by furnishing evidence conclusively showing you did not disclose the Intellectual Property to the family member.
-
- Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.
-
- Breach. You agree that failure to comply with this Agreement will cause substantial and irreparable damage to us and/or other Kidokinetics franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of this Agreement will entitle us to injunctive relief.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, as an employee, independent contractor, agent, representative, or supplier of a Kidokinetics franchisee, you are required to comply with the terms of the Confidentiality Agreement. This agreement is designed to protect Kidokinetics's intellectual property and prevent damage to the brand.
The agreement specifies that you cannot use Kidokinetics's intellectual property, including trademarks, copyrights, know-how, and the operations manual, for any purpose other than benefiting the Kidokinetics business operated by the franchisee. You must maintain the confidentiality of this intellectual property, avoid making unauthorized copies of related documents, and take reasonable steps to prevent its unauthorized use or disclosure. Upon termination of your relationship with the franchisee, you must immediately cease using the intellectual property and return all related documents and data.
The agreement also clarifies that your relationship is with the franchisee, not Kidokinetics Franchise LLC, and you must seek recourse from the franchisee for any employment-related issues. If Kidokinetics pursues legal action against you for breaching the agreement and prevails, you will be responsible for covering their reasonable attorney fees and costs. The agreement is governed by Florida law, and any legal proceedings will take place in Florida courts. These measures ensure the protection of Kidokinetics's proprietary information and brand reputation, which is standard practice in franchising to maintain consistency and protect the brand's value.