Is a Kidokinetics franchisee required to purchase or lease the Computer System and Required Software at the franchisor's request?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
At Franchisor's request, Franchisee shall purchase or lease, and thereafter maintain, the Computer System and, if applicable, the Required Software.
Franchisee agrees to pay all fees associated with the use of Required Software, which may be payable to Franchisor or Franchisor's approved or designated suppliers.
Franchisee expressly agrees to strictly comply with Franchisor's standards and specifications for all items associated with Franchisee's Computer System and any Required Software.
Franchisee agrees, at its own expense, to keep its Computer System in good maintenance and repair and install such upgrades, additions, changes, modifications, substitutions, and/or replacements to Franchisee's Computer System or Required Software as Franchisor directs from time to time in writing.
Franchisee agrees its compliance with this Section 11.3.4 shall be at Franchisee's sole cost and expense.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees may be required to purchase or lease the Computer System and Required Software at the franchisor's request. Specifically, Kidokinetics has the right to require the franchisee to purchase or lease, and subsequently maintain, both the Computer System and any Required Software. The franchisee is responsible for all associated fees.
Kidokinetics franchisees must strictly adhere to the franchisor's standards and specifications for all components of the Computer System and any Required Software. This includes keeping the Computer System in good repair and installing any upgrades, additions, changes, modifications, substitutions, or replacements as directed by Kidokinetics in writing. All costs associated with maintaining compliance are the franchisee's responsibility.
Kidokinetics also has the right, but not the obligation, to develop or designate computer software programs that franchisees must use in connection with any component of the Computer System, referred to as the "Required Software." Franchisees are responsible for installing these programs at their own expense, as well as any updates, supplements, modifications, or enhancements to the Required Software. Franchisees are also responsible for the payment of all fees associated with the Required Software, Computer System, and POS System.