What must a Kidokinetics franchisee do to emulate and enhance the image Franchisor intends for the System?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
- 11.1. Operation of Kidokinetics Business. In order to maintain the highest degree of quality and service on a uniform System-wide basis, Franchisee shall operate the Kidokinetics Business in conformity with the methods, standards, specifications and operating procedures prescribed by Franchisor. Franchisee agrees to comply with the Franchise Operations Manual, as it is modified from time to time, and all directives, rules and procedures specified by Franchisor, and will, among other things:
- 11.1.1. Use only such supplies, equipment and vehicles which comply with Franchisor's specifications;
- 11.1.2. Maintain and operate the Kidokinetics Business in good condition and repair and in a proper and businesslike manner, using Franchisee's best efforts to maintain the Kidokinetics Business in accordance with current System standards, the Franchise Operations Manual and all other directives and requirements of Franchisor, as they may be amended from time to time, and do such repairing, refurbishing and restoration as from time to time may be reasonably required to meet System standards and Franchisor's requirements as they may be modified from time to time;
- 11.1.3. Comply with all applicable governmental laws, ordinances, rules and regulations, including prompt payment of taxes when due;
- 11.1.4. Adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct in all dealings with customers, suppliers, and Franchisor;
- 11.1.5. Require all employees of the Kidokinetics Business to wear uniforms or clothes conforming to Franchisor's specifications as to style, color, and design, as Franchisor may, from time to time, reasonably designate so as to maintain the goodwill and reputation of Franchisor, the System and the Marks;
- 11.1.6.
Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System.
Franchisee shall use its best efforts to insure that Franchisee's employees maintain a neat and clean appearance and render competent and courteous service to patrons of the Kidokinetics Business.
Franchisor reserves the right to require Franchisee to provide it with all Social Media account information related to the Kidokinetics Business and grant Franchisor independent access (including as account administrator) to Franchisee's Kidokinetics Business Social Media accounts in order to make upgrades, post information, and manage Social Media accounts as Franchisor deems appropriate for the benefit of the System, Franchisor 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 Franchisor requests for Internet marketing and Franchisee must follow Franchisor's intranet and Internet usage rules, policies and requirements.
Franchisee must obtain a new telephone number and telephone listing at Franchisee's expense, to be listed under the "Kidokinetics" name and not under Franchisee's corporate, partnership, or individual name, and to be used exclusively in connection with Franchisee's operation of the Kidokinetics Business.
Franchisee agrees to refrain from committing any act or pursuing any course of conduct that tends to bring Franchisor's Marks into disrepute.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee must operate their business in a way that emulates and enhances the image the franchisor intends for the Kidokinetics system. This includes complying with the standards, specifications, and requirements set forth by Kidokinetics to uniformly convey the brand's distinctive image. Franchisees must use only approved signs, supplies, vehicles, equipment, invoices, and business cards that feature the prescribed marks and colors. They must also operate in conformity with the methods, standards, specifications, and operating procedures that Kidokinetics prescribes, as detailed in the Franchise Operations Manual.
To maintain quality and service standards, franchisees must use only approved supplies, equipment, and vehicles that meet Kidokinetics's specifications. They are required to maintain their Kidokinetics business in good condition and repair, adhering to system standards and performing necessary refurbishing and restoration. Franchisees must also comply with all applicable governmental laws, ordinances, rules, and regulations, including the prompt payment of taxes. Adhering to the highest standards of honesty, integrity, fair dealing, and ethical conduct in all interactions with customers, suppliers, and the franchisor is also required.
Furthermore, franchisees must ensure that all employees wear uniforms or clothes that conform to Kidokinetics's specifications regarding style, color, and design. They must employ qualified individuals trained according to Kidokinetics's standards, who will conduct themselves competently and courteously, maintaining a neat and clean appearance while providing excellent service to customers. Franchisees must also obtain a new telephone number listed under the "Kidokinetics" name, to be used exclusively for the business, and answer the telephone in the manner specified in the Franchise Operations Manual. Franchisees must also refrain from any conduct that could harm the reputation of Kidokinetics's marks.
Kidokinetics also retains significant control over the brand's online presence. The franchisor reserves the right to access and manage the franchisee's Kidokinetics business social media accounts to make upgrades, post information, and manage the accounts as deemed appropriate. Franchisees must provide content for internet marketing as requested and follow Kidokinetics's intranet and internet usage rules. Kidokinetics also retains the right to approve any linking to or other use of the Kidokinetics website. The franchisor may also initiate promotional programs for the benefit of all franchisees, which franchisees are expected to accept and honor.