What is the Kidokinetics franchisee's obligation regarding the use of signs, supplies, vehicles, equipment, invoices, and business cards?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee will, in the operation of the Kidokinetics Business, use only signs, supplies, vehicles, equipment, invoices, business cards and the like, imprinted with the Marks and colors as prescribed from time to time by Franchisor.
- 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.
- 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media of any kind to which Franchisor reasonably objects, including signs and advertising media which have been outdated.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;
- 11.1.10.
Submit all advertising, print materials (including, but not limited to, signs, brochures, websites, etc.), press releases, media packets and media information and any other information to be released for publication relating to the Kidokinetics Business, to Franchisor for written approval, prior to their being printed or published;
- 13.7.2 Franchisee shall identify itself as the owner of the Kidokinetics Business and as an independent Kidokinetics Franchise LLC franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at conspicuous locations or on any vehicle as Franchisor may designate in writing.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding the use of various branded materials to maintain uniformity and protect the brand's image. Franchisees are required to use only signs, supplies, vehicles, equipment, invoices, and business cards that are imprinted with the marks and colors prescribed by Kidokinetics. This ensures that all aspects of the business operation uniformly convey the distinctive image of Kidokinetics.
Franchisees must also obtain and use equipment, vehicles, products, supplies, business forms, signs, stationery, and services that conform to the current standards and specifications required by Kidokinetics and sourced from previously approved suppliers. Failure to comply with these standards, including purchasing from non-approved suppliers, can result in the termination of the Franchise Agreement. Additionally, franchisees are obligated to prominently display approved signs in their business location and on service vehicles, following Kidokinetics's directions regarding nature, form, color, number, location, and size.
Kidokinetics retains the right to object to any signs or advertising media and can remove non-approved items from the franchisee's location without reimbursement. Franchisees must also conduct all advertising programs in a dignified manner that supports the reputation of the Kidokinetics system and its marks. This includes submitting all advertising and print materials to Kidokinetics for written approval before they are printed or published. Furthermore, franchisees must identify themselves as independent Kidokinetics franchisees on all invoices, order forms, receipts, and contracts, reinforcing their affiliation with the Kidokinetics brand while clarifying their independent ownership.