Must the Kidokinetics Franchisee comply with all applicable privacy laws?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees to comply with all applicable international, federal, state and local laws pertaining to the privacy of customer, employee, and transactional information ("Privacy Laws").
Franchisee agrees to research and proactively ensure that the Kidokinetics Business is in compliance with Privacy Laws, which may vary by location.
Franchisee also agrees to comply with Franchisor's standards and policies pertaining to Privacy Laws.
If there is a conflict between Franchisor's standards and policies pertaining to Privacy Laws and actual applicable law, Franchisee will: (i) comply with the requirements of applicable law; (ii) immediately give Franchisor written notice of said conflict; and (iii) promptly and fully cooperate with Franchisor and its counsel in determining the most effective way, if any, to meet Franchisee agrees not to publish, disseminate, implement, revise, or rescind a data privacy policy without Franchisor's prior written consent as to said policy.
- 10.6. Claims.
Franchisee will notify Franchisor in writing within three calendar days of the commencement of any action, suit or proceeding and of the issuance of any order, writ, injunction, award or decree of any
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must comply with all applicable privacy laws. This includes international, federal, state, and local laws pertaining to the privacy of customer, employee, and transactional information.
Kidokinetics franchisees are responsible for researching and ensuring that their business complies with these Privacy Laws, which may vary by location. Franchisees must also adhere to Kidokinetics's standards and policies related to Privacy Laws. If there is a conflict between Kidokinetics's standards and applicable law, the franchisee must comply with the law, notify Kidokinetics in writing, and cooperate with Kidokinetics to find the most effective way to meet the legal requirements.
Furthermore, Kidokinetics franchisees cannot publish, disseminate, implement, revise, or rescind a data privacy policy without prior written consent from Kidokinetics. This ensures that all data privacy policies align with the brand's overall standards and legal obligations. This requirement is stricter than some franchise systems, where franchisees might have more autonomy over local policies. Franchisees must also notify Kidokinetics within three calendar days of any legal action related to the Kidokinetics business.