factual

If a Kidokinetics franchise is transferred, is the transferee required to pay an initial franchise fee?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

unts owed to Franchisor and third-party creditors;

  • 15.3.5. The transferee has executed Franchisor's then-standard form of Franchise Agreement, which may have terms and conditions materially different from this Agreement, except that the transferee will not be required to pay an Initial Franchise Fee;

  • 15.3.6. Franchisee and the transferee and each of Franchisee's and the transferee's Principals shall have executed a general release of all claims known or unknown under seal, in a form satisfactory to Franchisor, of any and all claims against Franchisor and Franchisor's officers, directors, shareholders, members and employees in their corporate and individual capacities, including, without limitation, claims arising out of or concerning under the Franchise Agreement and federal, state and local laws, rules and ordinances (to the fullest extent permitted by law). Franchisee will agree to subordinate any claims Franchisee may have against the transferee to Franchisor, and indemnify Franchisor for any acts, whether negligent or intentional, committed by Franchisee during the sales negotiations between Franchisee and transferee.
  • 15.3.7. Franchisor has granted written approval of the material terms and conditions of the Transfer, including, without limitation, that the price and terms of payment will not adversely affect the Kidokinetics Business's operation. However, Franchisor's approval of a Transfer is not in any way a representation or warranty of the transferee's success or the soundness of transferee's decision to purchase the Franchise on such terms and conditions. Franchisee shall provide Franchisor all proposed transfer documents for Franchisor's review at least 30 days prior to a closing of the proposed Transfer;
  • 15.3.8.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, a transferee is generally not required to pay an initial franchise fee. Specifically, the FDD states that the transferee must execute Kidokinetics' then-standard form of Franchise Agreement, which may have materially different terms and conditions, but the transferee will not be required to pay an Initial Franchise Fee. This is contingent on the transferring franchisee meeting certain requirements.

However, as a condition of the transfer, the franchisee (the seller) must pay Kidokinetics a transfer fee. This fee is $10,000 for the first Kidokinetics business that the franchisee transfers. The transfer fee is $5,000 for each subsequent Kidokinetics business that the franchisee transfers.

It is important to note that if Kidokinetics agrees to extend the transferee's term to ten years under a new franchise agreement, the transfer fee will be replaced by Kidokinetics' then-current initial franchise fee under the new franchise agreement. This means that under certain circumstances, the transferee may be required to pay the initial franchise fee.

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.