What happens if the current Kidokinetics Marks can no longer be used by the Franchisor?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor reserves the right to substitute different Marks for use in identifying the System and the Kidokinetics Business if the current Marks no longer can be used by Franchisor, or if Franchisor, in its sole discretion, determines that substitution of different Marks will be beneficial to the System.
In such event, Franchisor will require Franchisee, at Franchisee's expense, to discontinue or modify Franchisee's use of any of the Marks or to use one or more additional or substitute Marks no later than 10 days after notification thereof.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics retains the right to substitute different marks for use in identifying the Kidokinetics business if the current marks can no longer be used. This substitution can occur if the current marks can no longer be used by Kidokinetics, or if Kidokinetics, in its sole discretion, determines that the substitution of different marks will benefit the Kidokinetics system.
In the event of a substitution, Kidokinetics will require the franchisee, at the franchisee's expense, to discontinue or modify their use of any of the marks. Franchisees must also use one or more additional or substitute marks no later than 10 days after notification from Kidokinetics.
This clause ensures that Kidokinetics can maintain a consistent brand identity and protect its trademarks. However, it also places the financial burden on the franchisee to implement any changes to signage, advertising, or other materials bearing the marks. Prospective franchisees should consider this potential cost when evaluating the Kidokinetics franchise opportunity.