What are the 'Marks' associated with the Kidokinetics System, as defined in the FDD?

According to Kidokinetics's 2024 Franchise Disclosure Document, the 'Marks' encompass the logotypes, service marks, and trademarks currently or in the future used in the operation of a Kidokinetics business. This includes the trademark "KIDOKINETICS" and any other trademarks, service marks, or trade names that Kidokinetics designates for use by its franchisees. The definition extends to any distinctive trade dress that identifies a Kidokinetics business, whether it exists now or is created in the future.

Kidokinetics retains the right to substitute different Marks if the current ones can no longer be used or if Kidokinetics believes a substitution would benefit the system. In such cases, franchisees are required to discontinue or modify their use of the existing Marks and adopt the new ones, at their own expense, within 10 days of notification. Franchisees are generally required to advertise their Kidokinetics business under the mark "Kidokinetics ^®," and design, unless otherwise directed by Kidokinetics.

Franchisees must use only the Marks designated by Kidokinetics and in the manner authorized. The Marks are to be used solely for operating the Kidokinetics business at the approved location and for advertising the business. Franchisees cannot use the Marks as part of their corporate or legal name without prior approval from Kidokinetics. Unauthorized use of the Intellectual Property, including the Marks, constitutes an infringement of Kidokinetics's rights and an event of default under the franchise agreement. All goodwill arising from the franchisee's use of the Intellectual Property and the System benefits Kidokinetics, and no monetary value is assigned to this goodwill upon termination or expiration of the agreement.

Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the Marks and any imitations or indicia of a Kidokinetics business. This includes discontinuing the use of all signs, advertising materials, displays, and other articles displaying the Marks. The franchisee must also take necessary actions to cancel any assumed name registrations that contain the Mark or any other service mark or trademark of Kidokinetics.