Can a Kidokinetics franchisee use promotional materials without the Franchisor's approval?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing, and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor.
Franchisee shall not advertise or use the Marks in any fashion on the Internet or via other means of advertising through telecommunication, or establish any website listing, without the express written consent of Franchisor, which may be withheld in Franchisor's sole discretion.
Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Kidokinetics Business and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
- 12.6.
Social Media.
Except as approved in advance in writing by Franchisor, Franchisee must not establish or maintain a separate website, splash page, profile or other presence on the Internet, or otherwise advertise on the Internet or any other public computer network in connection with the Kidokinetics Business, including any profile on Facebook, Twitter, LinkedIn, Plaxo, YouTube, Pinterest, Instagram, TikTok, or any other social media and/or networking site (whether currently in existence or developed in the future).
If such approval is granted by Franchisor, Franchisee: (i) must establish and operate such Internet site in accordance with System standards and any other policies Franchisor designates in the Franchise Operations Manual or otherwise in writing from time to time; (ii) must utilize any templates that Franchisor provides to Franchisee to create and/or modify such site(s); and (iii) must obtain Franchisor's approval prior to making Social Media postings and Franchisee agrees to any Social Media postings that Franchisor, in its sole discretion, determines are inappropriate or detrimental to the goodwill of the System within 24 hours of Franchisor's notice to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must obtain written approval from Kidokinetics before using any advertising or promotional materials. This includes, but is not limited to, signs, brochures and websites. Franchisees must also submit press releases, media packets, media information, and any other information to be released for publication relating to their Kidokinetics Business for written approval from Kidokinetics prior to printing or publishing.
This requirement ensures that all advertising and promotional efforts align with Kidokinetics's brand standards and reputation. Kidokinetics retains the right to object to any advertising media that it deems inappropriate or outdated, and can remove such materials from the franchisee's location.
Kidokinetics also maintains control over the use of its trademarks and intellectual property. Franchisees cannot use the Kidokinetics marks except as they relate to the Kidokinetics System and only with prior written approval from Kidokinetics. This extends to social media, where franchisees must obtain written approval before establishing any online presence related to the Kidokinetics Business. Franchisees must also get approval prior to making Social Media postings and Franchisee agrees to any Social Media postings that Franchisor, in its sole discretion, determines are inappropriate or detrimental to the goodwill of the System within 24 hours of Franchisor's notice to Franchisee.
These stipulations are typical in franchising, allowing Kidokinetics to maintain brand consistency and protect its trademarks across all franchise locations. Franchisees should factor in the time required for approval when planning marketing activities.