What is the Kidokinetics Franchisee obligated to do regarding telephone numbers of the Kidokinetics Business at the Franchisor's option?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.3. Assignment of Telephone Numbers. Franchisee, at the option of Franchisor, shall assign to Franchisor all rights to the telephone numbers of the Kidokinetics Business and any related business listings and execute all forms and documents required by Franchisor and any telephone company at any time, to transfer such service and numbers to Franchisor. Further, Franchisee shall assign to Franchisor any and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses or any other similar listing or usage related to the Kidokinetics Business. Notwithstanding any forms and documents that may have been executed by Franchisee under Section 10.7, Franchisee hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking such action as is necessary to complete such assignment. This power of attorney will survive the expiration or termination of this Agreement. Franchisee shall use different telephone numbers, electronic mail addresses or other listings or usages at or in connection with any subsequent business conducted by Franchisee.
- 17.4. Survival. The rights and obligations of the parties contained in this Article 17 will survive the expiration or sooner termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the franchisee is obligated to assign all rights to the telephone numbers of their Kidokinetics business to the franchisor if the franchisor chooses. This includes any related business listings. The franchisee must also execute all necessary forms and documents required by Kidokinetics and any telephone company to transfer the service and numbers to Kidokinetics.
This obligation extends beyond telephone numbers to include any and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses, or any other similar listing or usage related to the Kidokinetics Business. To ensure this transfer can occur, the franchisee appoints Kidokinetics as their attorney-in-fact with full power and authority to take any action necessary to complete the assignment. This power of attorney survives the expiration or termination of the Franchise Agreement.
After the assignment, the franchisee is required to use different telephone numbers, email addresses, or other listings if they conduct any subsequent business. This ensures that there is no confusion between the former Kidokinetics franchise and any new ventures the franchisee may undertake. This requirement and the franchisor's rights related to it survive the termination of the agreement.