factual

What financial documents must a Kidokinetics franchisee provide to the franchisor?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 10.2.5.

Copies of Franchisee's organizational documents, other governing documents, resolutions or consents of the governing board authorizing entry into and performance of this Agreement, and any certificates, buy-sell agreements or other documents restricting the sale or transfer of equity interests in Franchisee, and any other documents as may be reasonably required by Franchisor will be furnished to Franchisor prior to the execution of this Agreement;

  • 10.2.7.

Franchisee and, at Franchisor's request, each Principal, has provided Franchisor with the most recent financial statements and tax returns of Franchisee and such Principal.

Such financial statements and tax returns shall present fairly the financial position of Franchisee and each Principal, as applicable, at the dates indicated therein and, with respect to Franchisee, the results of its operations and its cash flow for the years then ended.

Franchisee will, at all times, maintain sufficient working capital to fulfill its obligations under this Agreement; and

11.2. Bookkeeping and Reports.

  • 11.2.1.

Franchisee agrees to keep and maintain complete and accurate books and records of its transactions and business operations utilizing the accounting procedures specified by Franchisor.

Franchisee agrees to: (i) purchase the computer systems in accordance with the requirements of this Agreement; and (ii) maintain the records and accounts of the Franchisee to the standards of the Franchisor.

Franchisor reserves the right to require Franchisee hire an outside accounting or bookkeeping firm to maintain the records and accounts of the Franchisee should it find, in its sole discretion, that Franchisee is not maintaining the records and accounts in accordance with the standards of the Franchisor.

Franchisee is required to use the bookkeeping service that Franchisor chooses.

  • 11.2.2.

Franchisee must maintain, for at least five fiscal years from their preparation, complete financial records for the operation of the Kidokinetics Business in accordance with the then current Internal Revenue Service Publication and must provide Franchisor, at Franchisor's request, with: (i) a weekly Sales Report signed by Franchisee and in the form Franchisor specifies that contains the sales information pertaining to the preceding week including, without limitation, a summary of all monies received during the relevant period, any other additional information which Franchisor deems necessary to properly evaluate Franchisee's progress; (ii) a quarterly income statement and profit and loss statement, reflective of the three individual months in the quarter, in a format specified by Franchisor, including a standard chart of accounts, within 20 days after the end of each quarter; (iii) annual financial reports and operating statements in the form Franchisor specifies within 50 days after the close of each of Franchisee's fiscal years; (iv) state and local sales tax returns or reports and federal, state and local income tax returns for each year in which Franchisee's Kidokinetics Business is operated, within 30 days after their timely completion; and (v) such other reports as Franchisor may from time to time require, in the form and at the time Franchisor prescribes.

Franchisee's fiscal year must be on a calendar year basis.

  • 11.12. User Names and Passwords.

Franchisee will provide, upon request by Franchisor, user names and passwords for services used in the operation of the Kidokinetics Business, including, but not limited to, social media accounts, and QuickBooks.

This does not include any passwords to online banking or other financial accounts.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must maintain complete and accurate books and records of their transactions and business operations, utilizing accounting procedures specified by Kidokinetics. Franchisees must purchase computer systems according to the agreement and maintain records and accounts to Kidokinetics's standards. Kidokinetics can require franchisees to hire an outside accounting or bookkeeping firm if they find the franchisee is not maintaining records and accounts according to their standards. Franchisees are required to use the bookkeeping service that Kidokinetics chooses.

Kidokinetics franchisees must maintain complete financial records for at least five fiscal years, following IRS guidelines. They must provide Kidokinetics with several financial reports, including a weekly Sales Report, a quarterly income statement and profit and loss statement within 20 days after each quarter's end, and annual financial reports and operating statements within 50 days after the close of the franchisee's fiscal year.

Additionally, franchisees must provide state and local sales tax returns or reports and federal, state, and local income tax returns for each year the Kidokinetics Business is operated, within 30 days after their timely completion. Franchisees must also furnish any other reports that Kidokinetics may require from time to time, in the form and at the time Kidokinetics prescribes. The franchisee's fiscal year must be on a calendar year basis. Furthermore, prior to the execution of the agreement, franchisees must furnish copies of their organizational documents, governing documents, resolutions or consents of the governing board, certificates, buy-sell agreements, or other documents restricting the sale or transfer of equity interests, and any other documents reasonably required by Kidokinetics.

Moreover, Kidokinetics requires franchisees and, at Kidokinetics's request, each principal, to provide the most recent financial statements and tax returns. These financial documents should accurately represent the financial position of the franchisee and each principal at the indicated dates, including the results of operations and cash flow for the years then ended. Franchisees must also maintain sufficient working capital to meet their obligations under the agreement. Franchisees must also provide, upon request by Franchisor, user names and passwords for services used in the operation of the Kidokinetics Business, including, but not limited to, social media accounts, and QuickBooks. This does not include any passwords to online banking or other financial accounts.

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.