factual

What is the geographic scope of the territory granted to a Kidokinetics franchisee?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

2. TERRITORY

  • 2.1. Territory. This Agreement grants Franchisee the right to operate the Kidokinetics Business from a single location within a Territory ("Kidokinetics Business Location") described and/or mapped in Attachment "B" to this Agreement and incorporated into this Agreement. Except as otherwise provided for in this Agreement, as long as Franchisee is in compliance with the terms and conditions hereof, Franchisor agrees it will not operate, nor permit any other franchisee to operate, a Kidokinetics Business within the Territory using the same Marks. Franchisee acknowledges that other franchisees may operate their Kidokinetics Businesses from home offices located within the Territory, however, such Franchisee shall not be granted the right to operate within the Territory. Franchisee may not operate outside the Territory without express written authorization from Franchisor.
  • 2.2. Reservation of Rights. Franchisee acknowledges and agrees that Franchisor and any parties Franchisor designates will have the right to: (i) establish and operate, and license third parties the right to establish and operate, other franchised businesses using the Marks and System at any location outside of the Territory; (ii) acquire, merge with, engage in joint ventures with, or otherwise affiliate with, and thereafter own and operate and franchise others the right to own and operate, any business of any kind, including businesses that offer products that are similar to those provided by a Franchised Business, within or outside the Territory; (iii) open and operate, or license third parties the right to open or operate, businesses that offer products and services similar to the Franchised Business under marks other than the Marks at any location; (iv) sell and distribute, directly or indirectly, or license others to sell and distribute, directly or indirectly, any products, services or merchandise, from any location or to any purchaser, through any channel or method of distribution (including, but not limited, to virtual classes, sales made by or through telemarketing, and/or on the Internet); (v) provide the services or sell products authorized for Kidokinetics Businesses to customers whose principal residence (or principal business office, if the customer is a business entity) is within Franchisee's Territory if contact with the customer is initiated by the customer and not Franchisor; (vi) to use and license the use of technology to non-franchisee locations inside and outside the Territory; and (vii) engage in any other activities not expressly prohibited under this Agreement. Franchisee acknowledges and agrees that this Agreement does not grant it any right to (a) offer any product or service via e-commerce without prior approval by Franchisor, (b) establish an independent website or to establish a URL incorporating the Marks or any variation thereof, or (c) distribute, market, or implement Franchisor's products and services in any channel of distribution not specifically identified in this Agreement. Franchisee may not sell products through other channels of distribution such as wholesale, Internet or mail order sales. Franchisor is not required to pay Franchisor if Franchisor exercises any of its rights within the Territory. Franchisor will not be required to pay any compensation for soliciting or accepting orders inside the Territory.
    1. TERM. The term of this Agreement will commence on the date that Franchisor signs this Agreement and will continue for 10 years, unless sooner terminated as provided in this Agreement (the "Term").

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee is granted the right to operate a Kidokinetics Business from a single location within a Territory. This Territory is described and/or mapped in Attachment "B" to the Franchise Agreement. Kidokinetics will not operate, nor allow another franchisee to operate, a Kidokinetics Business within the Territory using the same Marks, as long as the franchisee is in compliance with the agreement. However, other franchisees may operate their Kidokinetics Businesses from home offices located within the Territory, but they are not granted the right to operate within the Territory itself.

The Kidokinetics franchisee is restricted from operating outside the Territory without express written authorization from Kidokinetics. Kidokinetics retains the right to conduct certain activities within the franchisee's territory. These activities include establishing and operating other franchised businesses outside the Territory, engaging in business ventures (even those offering similar products), and selling products or services through various channels, including virtual classes and the Internet.

Kidokinetics franchisees do not have the right to offer products or services via e-commerce without prior approval, establish an independent website using Kidokinetics's marks, or use distribution channels not specified in the agreement. Kidokinetics is not required to compensate the franchisee if it exercises its rights within the Territory. The franchisee may provide designated services to all "Accounts" (schools, parks, community centers, etc.) located within their Territory.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.