Does a Kidokinetics franchisee agree to strictly comply with the franchisor's standards for any Required Software?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
(v) to complete any initial or ongoing training. Franchisee agrees to use the facilities of any such computer network, intranet system or extranet system in strict compliance with the standards, protocols, and restrictions that Franchisor included in the Franchise Operations Manual, including those related to the encryption of confidential information and prohibitions against the transmission of libelous, derogatory or defamatory statements.
- 11.3.7. Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall maintain an electronic mail account with an Internet service provider acceptable to Franchisor. Franchisee shall read all electronic mail related to the Kidokinetics Business on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 11.3.8. Franchisor has established a website that provides information about the System and the services offered by the Kidokinetics franchises (the "Website"). Franchisor has sole discretion and control over the Website, including whether to discontinue the Website. Franchisor will provide Franchisee with a dedicated page on the Website for Franchisee's Kidokinetics Business. Franchisor may require Franchisee, at Franchisee's expense, to prepare all or a portion of the page using a template that Franchisor provides. All such information will be subject to Franchisor's approval prior to posting. Franchisee has no ownership or other proprietary rights to such page and will lose all rights to such page upon expiration or termination of this Agreement for any reason.
- 11.3.9. Franchisor may use a portion of the Brand Development Fund Contributions or the Technology Fee to pay or reimburse itself for the costs incurred in connection with the development, maintenance and update of its website.
- 11.3.10. Franchisee acknowledges that Franchisor and/or Franchisor's affiliates are the lawful, rightful and sole owner of the Internet domain name www.kidokinetics.com as well as any other Internet domain names registered by Franchisor and/or Franchisor's affiliates, and unconditionally disclaims any ownership interest in such Internet domain names and any Internet domain names similar thereto.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must adhere to the franchisor's standards, protocols, and restrictions for any computer network, intranet system, or extranet system. This includes strict compliance with standards included in the Franchise Operations Manual, especially those related to encryption of confidential information and prohibitions against libelous, derogatory, or defamatory statements. Franchisees must also maintain adequate hardware and software to access the internet at the speed required by Kidokinetics. They are required to maintain an electronic mail account with an internet service provider acceptable to Kidokinetics and read all emails related to the Kidokinetics business daily, acknowledging receipt of emails sent by the franchisor. Franchisees are prohibited from establishing any website or internet listing except as specifically permitted.
Kidokinetics franchisees are required to install and maintain management software, required applications, and a computer system that complies with Kidokinetics's standards and specifications. This includes an office computer, a tablet computer, a telephone, a fax machine, and a smartphone. It also includes a custom and proprietary point of sale system (POS System) if Kidokinetics makes such a POS System part of its proprietary operating system in the future, as well as printers and other peripheral hardware or devices and archival back-up.
Franchisees must also obtain the computer hardware necessary to implement the Proprietary Software into the Kidokinetics Business and comply with all specifications and standards prescribed by Franchisor regarding the Proprietary Software as provided in the Franchise Operations Manual. The Proprietary Software remains Kidokinetics's proprietary product, and the information collected from it is considered Kidokinetics's confidential information. Franchisees agree to sign Kidokinetics's current software license agreement for any Proprietary Software Kidokinetics may create, pay any license fees associated with the use of Proprietary Software, and upgrade the Proprietary Software as Kidokinetics designates.