If the Kidokinetics franchisee is a business entity, who else besides the Manager must sign the Non-Disclosure and Non-Compete Agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Your Manager and all other managerial personnel who will have access to our proprietary and Confidential Information and training must sign our Non-Disclosure and Non-Compete Agreement, which is attached to our Franchise Agreement as Attachment F. Additionally, if you are a business entity, all of your officers, directors, and direct and indirect equity holders, and those of any business entity that directly or indirectly controls you must sign the Non-Disclosure and Non-Compete Agreement.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 39)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, if the franchisee is a business entity, several individuals beyond the Manager are required to sign the Non-Disclosure and Non-Compete Agreement. Specifically, all of the entity's officers, directors, and direct and indirect equity holders must sign the agreement. This requirement extends to the officers, directors, and direct and indirect equity holders of any business entity that directly or indirectly controls the franchisee.
This stipulation ensures that all individuals with significant influence or access to Kidokinetics' confidential information are bound by the terms of the Non-Disclosure and Non-Compete Agreement. This is a common practice in franchising to protect the franchisor's trade secrets, operational methods, and other proprietary information. By requiring these individuals to sign the agreement, Kidokinetics aims to prevent the unauthorized disclosure or use of its confidential information, which could harm the franchise system.
For a prospective Kidokinetics franchisee operating as a business entity, this means carefully identifying all individuals who fall under these categories and ensuring they are willing to sign the agreement. Failure to comply with this requirement could potentially lead to legal issues or jeopardize the franchise agreement. It is important to fully understand the implications of this requirement and seek legal counsel if necessary to ensure compliance.