factual

What is the Kidokinetics franchisee required to provide to the franchisor or licensor in the event of infringement?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 13.5 Infringement.

Franchisee acknowledges that any unauthorized use of the Intellectual Property constitutes an infringement of Franchisor's or Licensor's rights in the Intellectual Property and an event of default hereunder.

Franchisee shall provide Franchisor or Licensor with all assignments, affidavits, documents, information and assistance Franchisor or Licensor reasonably requests to fully vest in Franchisor or Licensor all such rights, title and interest in and to the Intellectual Property, including all such items as are reasonably requested by Franchisor or Licensor to register, maintain and enforce such rights in the Intellectual Property.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, if a franchisee engages in any unauthorized use of the intellectual property, it is considered an infringement of Kidokinetics's or the licensor's rights and an event of default under the agreement. In such a case, the franchisee is obligated to provide Kidokinetics or its licensor with all assignments, affidavits, documents, information, and assistance that Kidokinetics reasonably requests.

This includes providing all items reasonably requested by Kidokinetics to register, maintain, and enforce its rights in the intellectual property. This requirement ensures that Kidokinetics can take necessary steps to protect its brand and system against unauthorized use or infringement by the franchisee.

This clause is standard in franchise agreements to protect the franchisor's intellectual property rights, which are crucial for maintaining brand consistency and value across the franchise system. A prospective Kidokinetics franchisee should understand that failure to comply with these requirements could lead to legal consequences and termination of the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.