Is a Kidokinetics franchisee allowed to comment to any broadcast medium about the Kidokinetics system?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
on paid to service quality and customer service. Franchisee agrees to offer services and to operate the Kidokinetics Business in such a manner that emulates and enhances the image Franchisor intends for the System. Franchisee further acknowledges and agrees that each aspect of the System is important not only to Franchisee but also to Franchisor and to other System franchisees in order to maintain the highest operating standards, achieve system-wide uniformity and increase the demand for the services rendered by System franchisees. Franchisee agrees to comply with the standards, specifications and requirements Franchisor set forth in order to uniformly convey the distinctive image of a Kidokinetics Business. Franchisee will, in the operation of the Kidokinetics Business, use only signs, supplies, vehicles, equipment, invoices, business cards and the like, imprinted with the Marks and colors as prescribed from time to time by Franchisor.
- 11.11. Pending Actions. Franchisee must notify Franchisor, in writing, within five days of the commencement of any action, suit or proceeding and the issuance of any order, suit or proceeding of any court, agency or other government instrumentality, including the receipt of any notice or citation, which may adversely affect the operation or financial condition of Franchisee or the Kidokinetics Business.
- 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.
12. ADVERTISING, PROMOTIONS AND RELATED FEES
12.1. Advertising Programs. Franchisor may, from time to time, develop and administer advertising and sales promotion programs designed to promote and enhance the collective success of all Kidokinetics franchises operating under the System. Franchisee shall participate in all such advertising and sales promotion programs in accordance with the terms and conditions established by Franchisor from time to time for each program. In all aspects of these programs, including, without limitation, the type, quantity, timing, placement and choice of media, market areas and advertising agencies, the standards and specifications established by Franchisor, as modified from time to time, will be final and binding upon Franchisee.
12.2. Local Marketing.
12.2.1.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, there is no explicit clause that directly prohibits a franchisee from commenting to any broadcast medium about the Kidokinetics system. However, the FDD excerpts do state that the franchisee must protect the Kidokinetics system and brand image. The franchisee must operate the Kidokinetics business in a manner that enhances the image that Kidokinetics intends for the system.
The franchisee must also adhere to standards, specifications, and requirements set forth by Kidokinetics to uniformly convey the distinctive image of the Kidokinetics business. Furthermore, Kidokinetics retains the sole right to market on the Internet, including the use of websites, domain names, uniform resource locator's, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements. Franchisee must provide content Kidokinetics requests for Internet marketing and Franchisee must follow Kidokinetics's intranet and Internet usage rules, policies and requirements.
The agreement also states that the franchisee must notify Kidokinetics, in writing, within five days of the commencement of any action, suit, or proceeding and the issuance of any order, suit, or proceeding of any court, agency, or other government instrumentality, including the receipt of any notice or citation, which may adversely affect the operation or financial condition of Franchisee or the Kidokinetics Business.
Therefore, while franchisees are not explicitly restricted from speaking to the media, they are obligated to protect Kidokinetics's brand and follow their internet and marketing guidelines. Any comments made to the media should align with the brand image and standards set by Kidokinetics. It would be prudent for a prospective franchisee to seek clarification from Kidokinetics regarding the specifics of media communication policies to ensure compliance with the franchise agreement.