What happens if Kidokinetics rejects proposed advertising material?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Approve or disapprove of all advertising, direct mail, and other promotional material and campaigns you propose in writing to us.
We will respond within 15 business days, either accepting or rejecting the proposed material and/or campaign. (Franchise Agreement, Section 12.7).
After you open your Kidokinetics Business, you are required to spend the greater of $500 or 2% of Gross Sales per month on a rolling 12-month average on local advertising and marketing to promote your Kidokinetics Business ("Local Marketing Requirement"). The Local Marketing Requirement applies once for a single franchisee operating up to four Kidokinetics Businesses so long as they are operated by the same legal entity and have adjacent territories.
You must order sales and marketing material from us or our designated suppliers. It is a material breach of the Franchise Agreement to use other marketing material without obtaining our prior written approval. If you desire to use your own advertising materials, including your own website, you must obtain our prior approval, which may be granted or denied in our sole discretion. We will review your request and we will respond in writing within 30 days from the date we receive all requested information. Our failure to notify you in the specified time frame will be deemed a disapproval of your request. Use of logos, Marks and other name identification materials must follow our approved standards. You may not use our logos, Marks and other name identification materials on items to be sold or services to be provided without our prior written approval.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 26–34)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must submit all advertising, direct mail, and other promotional materials and campaigns to Kidokinetics for approval. Kidokinetics will then respond within 15 business days, either accepting or rejecting the proposed material or campaign.
This means that a Kidokinetics franchisee cannot use any advertising materials that have not been approved by the franchisor. If Kidokinetics rejects the proposed advertising, the franchisee will need to revise the materials and resubmit them for approval or use alternative, pre-approved marketing materials. This process ensures that all marketing efforts align with the Kidokinetics brand standards and overall marketing strategy.
The FDD also states that it is a material breach of the Franchise Agreement to use marketing material without obtaining prior written approval. If a franchisee uses unapproved advertising, they risk violating the agreement, which could lead to penalties or even termination of the franchise agreement. Therefore, it is crucial for franchisees to adhere to the approval process for all advertising and promotional materials.
Kidokinetics also requires franchisees to order sales and marketing material from them or their designated suppliers. If franchisees desire to use their own advertising materials, including their own website, they must obtain prior approval, which may be granted or denied in Kidokinetics's sole discretion. Kidokinetics will review the request and respond in writing within 30 days from the date they receive all requested information. Failure to notify the franchisee in the specified time frame will be deemed a disapproval of the request.