After the Kidokinetics Franchise Agreement expires or terminates, what is the Franchisee required to do with telephone numbers and electronic communications if they conduct a subsequent business?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.3. Assignment of Telephone Numbers. Franchisee, at the option of Franchisor, shall assign to Franchisor all rights to the telephone numbers of the Kidokinetics Business and any related business listings and execute all forms and documents required by Franchisor and any telephone company at any time, to transfer such service and numbers to Franchisor. Further, Franchisee shall assign to Franchisor any and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses or any other similar listing or usage related to the Kidokinetics Business. Notwithstanding any forms and documents that may have been executed by Franchisee under Section 10.7, Franchisee hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking such action as is necessary to complete such assignment. This power of attorney will survive the expiration or termination of this Agreement. Franchisee shall use different telephone numbers, electronic mail addresses or other listings or usages at or in connection with any subsequent business conducted by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, after the Franchise Agreement expires or terminates, franchisees must use different telephone numbers, electronic mail addresses, and other listings or usages for any subsequent business they conduct. Kidokinetics retains the right to the telephone numbers and listings associated with the Kidokinetics business.
Kidokinetics, at its option, can require the franchisee to assign all rights to the Kidokinetics Business telephone numbers, related business listings, Internet listings, domain names, Internet advertising, websites, listings with search engines, and electronic mail addresses to Kidokinetics. The franchisee must execute all necessary forms to transfer these services and numbers to Kidokinetics.
Kidokinetics is granted power of attorney to complete the assignment, which survives the termination or expiration of the Franchise Agreement. This ensures that Kidokinetics maintains control over its branding and communication channels, even after a franchise ceases operation. This is a fairly standard practice in franchising, as it protects the brand's identity and customer relationships.