What is the Kidokinetics franchisee required to do regarding any other relationships arising directly or indirectly out of the operation of the Franchise?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
and covenants.
11. FRANCHISEE'S OPERATIONS
- 11.1. Operation of Kidokinetics Business. In order to maintain the highest degree of quality and service on a uniform System-wide basis, Franchisee shall operate the Kidokinetics Business in conformity with the methods, standards, specifications and operating procedures prescribed by Franchisor. Franchisee agrees to comply with the Franchise Operations Manual, as it is modified from time to time, and all directives, rules and procedures specified by Franchisor, and will, among other things:
- 11.1.1. Use only such supplies, equipment and vehicles which comply with Franchisor's specifications;
- 11.1.2. Maintain and operate the Kidokinetics Business in good condition and repair and in a proper and businesslike manner, using Franchisee's best efforts to maintain the Kidokinetics Business in accordance with current System standards, the Franchise Operations Manual and all other directives and requirements of Franchisor, as they may be amended from time to time, and do such repairing, refurbishing and restoration as from time to time may be reasonably required to meet System standards and Franchisor's requirements as they may be modified from time to time;
- 11.1.3. Comply with all applicable governmental laws, ordinances, rules and regulations, including prompt payment of taxes when due;
- 11.1.4. Adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct in all dealings with customers, suppliers, and Franchisor;
- 11.1.5. Require all employees of the Kidokinetics Business to wear uniforms or clothes conforming to Franchisor's specifications as to style, color, and design, as Franchisor may, from time to time, reasonably designate so as to maintain the goodwill and reputation of Franchisor, the System and the Marks;
- 11.1.6. Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System. Franchisee shall use its best efforts to insure that Franchisee's employees maintain a neat and clean appearance and render competent and courteous service to patrons of the Kidokinetics Business. Franchisee acknowledges and agrees that poorly trained employees, sloppy or unclean appearances and incompetent or discourteous service are extremely damaging to the goodwill of the System and the Marks and are a default of this Agreement;
- 11.1.7. Obtain and use only equipment, vehicles, products, supplies, business forms, signs, stationery, and services that conform to the current standards and specifications for the System as required by Franchisor and obtained from Franchisor's previously approved suppliers. Franchisor has the right to terminate this Agreement if Franchisee uses any equipment, vehicles or products that do not conform to such standards and specifications, if Franchisee fails to obtain any equipment required by Franchisor, or if Franchisee purchases from suppliers that have not been previously approved in writing by Franchisor. Franchisee agrees to maintain an adequate inventory of all items in accordance with the Franchise Operations Manual;
- 11.1.8. Prominently display signs in and upon the Kidokinetics Business Location and service vehicles using the Marks and/or other advertising of such nature, form, color, number, location and size, and containing such material, as Franchisor may from time to time reasonably direct or approve in writing; and to not display in or upon the Kidokinetics Business Location or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects, including signs and advertising media which have been outdated. Upon giving Franchisee notice of its objection to same or upon termination of this Agreement, Franchisor may at any time enter upon the Kidokinetics Business Location or elsewhere and remove any objectionable or non-approved signs or advertising media and keep or destroy same without reimbursing Franchisee or without being deemed guilty of trespass or any other tort;
- 11.1.9. Conduct all advertising programs in a dignified manner that will not detract from the reputation of the System or the Marks;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, franchisees must adhere to several requirements concerning their business operations and relationships. Franchisees are expected to maintain the Kidokinetics business in good condition, following the standards and procedures outlined in the Franchise Operations Manual. This includes using only approved supplies, equipment, and vehicles that meet Kidokinetics' specifications. Franchisees must also ensure their employees wear uniforms that conform to Kidokinetics' standards.
Kidokinetics franchisees are obligated to uphold high standards of honesty, integrity, and ethical conduct in all their dealings with customers, suppliers, and the franchisor. They must also comply with all applicable governmental laws, ordinances, rules, and regulations, including the prompt payment of taxes. Additionally, franchisees are responsible for indemnifying Kidokinetics if the franchisor is held responsible for the franchisee's debts or taxes.
Furthermore, franchisees must obtain a telephone number listed under the "Kidokinetics" name for exclusive use in connection with their Kidokinetics business. They must also answer the telephone in the manner specified in the Franchise Operations Manual. Franchisees are expected to refrain from any conduct that could harm the reputation of Kidokinetics' marks and must operate their business in a way that enhances the image of the Kidokinetics system. These stipulations ensure that all franchisees maintain a consistent and professional brand image, protecting the overall reputation of the Kidokinetics franchise system.