What is the Kidokinetics franchisee's obligation regarding new or changed policies?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 8.1. Franchise Operations Manual.
Franchisor has created and developed special procedures, standards and methods for operating and maintaining the Kidokinetics Business, which standards are incorporated into our Franchise Operations Manual.
Franchisor will loan a copy of the Franchise Operations Manual to Franchisee.
The Franchise Operations Manual and other documents are subject to modification from time to time as Franchisor determines, in its sole discretion.
Franchisee agrees to operate the Kidokinetics Business in accordance with the Franchise Operations Manual.
Franchisor will notify Franchisee of updates, revisions, modifications or amendments to the Franchise Operations Manual.
Franchisee must comply with all updates, revisions, modifications or amendments to the Franchise Operations Manual no later than 30 days after notification at Franchisee's sole expense.
- 8.3. Equipment and Technology Updates.
Franchisee shall make any and all upgrades to equipment, machinery, tools, including, but not limited to, QuickBooks Pro online or such other management software as Franchisor designates, and computer hardware (including an office computer, a tablet computer, a telephone, a fax machine, and a smartphone), software and applications, and any technology used in conjunction therewith, as Franchisor requires in its sole and absolute discretion.
- 8.4. Trade Dress Modifications.
Franchisee is aware that, to maintain and improve the image and reputation of the System, Franchisor, in its sole and absolute discretion, may change and modify identifying elements of the System, including but not limited to, the adoption and use of new vehicle wraps, new color schemes, and new or modified marks (collectively, "Trade Dress Modifications").
- 14.5. Increase in Coverage. The stated levels and types of insurance required by this Article 14 are minimum requirements. Franchisor reserves the right, in its sole discretion, to raise the required minimum requirements for any type of insurance or add additional types of insurance requirements as Franchisor deems reasonably prudent to require. Within 30 days of any required new limits or types of coverage, Franchisee shall submit proof to Franchisor of Franchisee's coverage pursuant to Franchisor's requirements.
Franchisee also agrees to comply with Franchisor's standards and policies pertaining to Privacy Laws.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the franchisee must operate their business according to the standards and methods outlined in the Franchise Operations Manual, which Kidokinetics can modify at its discretion. Kidokinetics will inform franchisees of any updates, revisions, modifications, or amendments to the manual.
The franchisee is obligated to comply with these changes no later than 30 days after receiving notification, and at their own expense. This includes updates to equipment, machinery, tools, computer hardware and software, and technology used in conjunction with these items. Franchisees must also adhere to modifications to the system's identifying elements, such as vehicle wraps, color schemes, and marks.
Furthermore, Kidokinetics retains the right to increase the minimum insurance requirements or add additional types of insurance coverage as deemed necessary. The franchisee is required to submit proof of coverage within 30 days of any such changes. Franchisees must also comply with Kidokinetics's standards and policies regarding privacy laws, and must not publish, disseminate, implement, revise, or rescind a data privacy policy without Kidokinetics's prior written consent.