What level of effort is a Kidokinetics franchisee expected to devote to the business?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.1.12.
Devote Franchisee's full time, energy and best efforts to the efficient and effective management and operation of the Kidokinetics Business and avoid any activities that would conflict or interfere with or be detrimental to such purposes;
- 10.1. Best Efforts.
Franchisee, if a natural person, covenants and agrees that he or she will devote his or her full-time and make all commercially reasonable efforts to operate the Kidokinetics Business so as to achieve optimum sales.
If Franchisee is an entity, each of Franchisee's Principals covenants and agrees to make all commercially reasonable efforts to operate the Kidokinetics Business so as to achieve optimum sales.
- 10.3. Appointment of Manager.
Franchisee, or its shareholder or member if Franchisee is an entity, must devote his/her full-time attention and best efforts to the management and operation of the Franchised Business,
or may delegate the day-to-day operations of the Franchised Business to a manager ("Manager"). Franchisee may not appoint a Manager who is not the Franchisee or Principal of the Franchisee, if an entity, without the approval of Franchisor. All requests regarding appointment of a Manager must be in writing. The Manager shall meet Franchisor's standards and criteria, as set forth in the Franchise Operations Manual or otherwise in writing by Franchisor, and will be an individual otherwise acceptable to Franchisor in its sole discretion. The Manager will devote his or her full time and best efforts to the supervision and management of the Kidokinetics Business, and may not engage in any other business activity without the Franchisor's consent, which may be withheld in Franchisor's sole discretion. The Manager will satisfy the training requirements set forth in Article 6. If the Franchised Business is operated by a Manager, then a Principal of Franchisee must devote at least 20 hours of work per month to the operation of the Franchised Business.
- 11.1.15.
Operate Franchisee's Kidokinetics Business for at least those hours, days, and months that Franchisor specifies in the Franchise Operations Manual;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee is expected to devote significant time and effort to the business. Specifically, the franchisee must dedicate their "full time, energy and best efforts to the efficient and effective management and operation of the Kidokinetics Business." This requirement aims to ensure that the business is run optimally and that the franchisee avoids any conflicting activities that could be detrimental to Kidokinetics.
If the franchisee is a natural person, they must devote their full-time and make all commercially reasonable efforts to operate the Kidokinetics Business to achieve optimum sales. If the franchisee is an entity, each of the franchisee's principals must make all commercially reasonable efforts to operate the Kidokinetics Business to achieve optimum sales.
Kidokinetics allows for the delegation of day-to-day operations to a manager, but this manager must be approved by Kidokinetics and also devote their full time and best efforts to the business, without engaging in other business activities without consent. Even with a manager in place, a principal of the franchisee entity must still dedicate at least 20 hours per month to the operation of the Kidokinetics Business. This ensures oversight and involvement from the ownership level, even when daily tasks are delegated. The franchisee is also required to operate the Kidokinetics Business for at least the hours, days, and months specified in the Franchise Operations Manual.