Is a Kidokinetics franchisee allowed to discuss Kidokinetics or its affiliates without prior written consent?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
with the law.
You may not establish an account or participate in any social networking sites, crowdfunding campaigns or blogs, or mention or discuss the Kidokinetics franchise, us or any of our affiliates without
our prior written consent and as subject to our online policy. Our online policy may completely prohibit you from using the Marks on social networking sites or other online use. You may not sell products through other channels of distribution such as wholesale, Internet or mail order sales. Otherwise, we place no restrictions upon your ability to serve customers, provided you do so from the location of your Kidokinetics Business in accordance with our policies.
ITEM 17. RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
This table lists certain important provisions of the Franchise Agreement and related agreements.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 39–40)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee's ability to discuss the Kidokinetics franchise, its affiliates, or the company itself is restricted. Specifically, franchisees may not establish an account or participate in any social networking sites, crowdfunding campaigns, or blogs, or mention or discuss the Kidokinetics franchise, Kidokinetics, or any of its affiliates without prior written consent from Kidokinetics. This is also subject to Kidokinetics's online policy, which may completely prohibit the franchisee from using the Kidokinetics marks on social networking sites or other online platforms.
This restriction has significant implications for a prospective Kidokinetics franchisee. It means that franchisees must obtain explicit permission before engaging in any form of online discussion or promotion related to the franchise. This includes creating social media profiles, participating in online forums, or even writing blog posts about their experiences with Kidokinetics. The online policy gives Kidokinetics broad control over the franchisee's online presence and messaging, ensuring brand consistency and preventing unauthorized representations of the franchise.
Kidokinetics's control extends to advertising and marketing materials as well. Franchisees must not advertise or use the Kidokinetics marks in any fashion on the Internet or via other means of advertising through telecommunication, or establish any website listing, without the express written consent of Kidokinetics. This consent can be withheld at Kidokinetics's sole discretion. Furthermore, any advertising, marketing, or sales concepts, programs, or materials developed by the franchisee for the Kidokinetics business and approved by Kidokinetics may be used by other system franchisees without any compensation to the original franchisee.
These restrictions are stricter than those seen in many other franchise systems, where franchisees often have more autonomy in their marketing and online activities. A prospective Kidokinetics franchisee should carefully consider these limitations and discuss with Kidokinetics the specific guidelines and approval processes for online communication and marketing to ensure they can effectively promote their business within the franchisor's framework.