What must a Kidokinetics franchisee execute in the event of litigation relating to the use of intellectual property?

According to Kidokinetics' 2024 Franchise Disclosure Document, a franchisee must provide Kidokinetics or its licensor with all assignments, affidavits, documents, information, and assistance that Kidokinetics or its licensor reasonably requests. This is to fully vest in Kidokinetics or its licensor all rights, title, and interest in and to the intellectual property.

This requirement extends to providing items reasonably requested by Kidokinetics or its licensor to register, maintain, and enforce such rights in the intellectual property. This obligation is triggered by any unauthorized use of the intellectual property, which Kidokinetics considers an infringement of its or its licensor's rights and an event of default under the franchise agreement.

In practical terms, this means that if Kidokinetics faces a legal challenge regarding its trademarks, copyrights, or other intellectual property, the franchisee is legally bound to cooperate fully with Kidokinetics in defending its rights. This could involve providing documentation, testifying in court, or taking other actions as requested by Kidokinetics. Failure to comply with these requirements could result in a breach of the franchise agreement and potential legal action against the franchisee.