What must a Kidokinetics franchisee do upon notice of a discontinued Mark?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee, upon notice by Franchisor, shall immediately discontinue the use of any Mark that is no longer available to Franchisor or that Franchisor has otherwise discontinued, and substitute a different Mark or Marks as Franchisor directs.
Franchisee will accept, use and display any such Trade Dre
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if the franchisor notifies a franchisee that a Mark is no longer available or has been discontinued, the franchisee must immediately stop using that Mark. Furthermore, the franchisee is required to substitute the discontinued Mark with a different Mark or Marks as directed by Kidokinetics. The franchisee must also accept, use, and display any such Trade Dress as directed by Kidokinetics.
This means that a Kidokinetics franchisee must be prepared to quickly adapt their branding and marketing materials to reflect any changes in the franchise's Marks. This includes updating signs, advertising, and any other materials that display the discontinued Mark. The franchisee bears the expense of these changes.
This provision protects Kidokinetics's ability to maintain and evolve its brand identity. It also ensures that all franchisees are using the current and approved Marks, which helps to maintain uniformity and consistency across the Kidokinetics system. Franchisees should be aware of this requirement and factor in the potential costs and time associated with rebranding when evaluating the franchise opportunity.