Must a Kidokinetics franchisee install additions to the Computer System as directed by the franchisor?

According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees are required to install additions, upgrades, changes, modifications, substitutions, and/or replacements to their Computer System or Required Software as directed by Kidokinetics in writing. This includes installing and maintaining management software, required applications, and a computer system that complies with Kidokinetics's standards and specifications. The franchisee bears the expense of these changes.

The Computer System includes an office computer, a tablet computer, a telephone, a fax machine, and a smartphone. It may also include a custom and proprietary point of sale system (POS System), printers and other peripheral hardware or devices, archival back-up systems, Internet access mode and speed, and physical, electronic, and other security systems. Kidokinetics also has the right to develop or designate computer software programs that franchisees must use, and franchisees are responsible for all fees associated with the Required Software, Computer System, and POS System.

Kidokinetics may also require franchisees to install and maintain systems that permit Kidokinetics to electronically access and retrieve any information stored in the franchisee's management software and other computer systems, including information concerning Gross Sales. Franchisees must provide Kidokinetics with a separate and distinct full access user name and temporary password, as well as all access codes, static internet protocol ("IP") addresses and other information to facilitate Kidokinetics's access to the data generated by and stored in the franchisee's computer, tablet, or smartphone. Franchisees are also required to participate in any System-wide computer network, intranet system, or extranet system that Kidokinetics implements.