What are the 'Marks' that identify the Kidokinetics system?

According to Kidokinetics's 2024 Franchise Disclosure Document, the 'Marks' encompass the logotypes, service marks, and trademarks used in the operation of a Kidokinetics business. These include the trademark "KIDOKINETICS," along with any other trademarks, service marks, or trade names that Kidokinetics designates for use by its franchisees. The term 'Marks' also extends to any distinctive trade dress that identifies a Kidokinetics business, whether currently existing or 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, Kidokinetics will require the franchisee to discontinue or modify their use of any of the Marks, or to use additional or substitute Marks, within 10 days of notification, at the franchisee's expense.

Franchisees are generally required to advertise their Kidokinetics business only under the Mark "Kidokinetics ^®," and design, unless otherwise authorized or required by Kidokinetics. Franchisees must use only the Marks that Kidokinetics designates and in the manner it authorizes, solely for the operation and advertising of the Kidokinetics Business at the approved location. The franchisee cannot use the Marks as part of their corporate or legal name without prior approval from Kidokinetics.

Franchisees must identify themselves as the owner of the Kidokinetics Business and as an independent Kidokinetics Franchise LLC franchisee in conjunction with any use of the Intellectual Property, including on invoices, order forms, receipts, and contracts, as well as displaying a notice in a conspicuous location. Franchisees are not allowed to use the Intellectual Property to incur any obligations or indebtedness on behalf of Kidokinetics. Any merchandise that utilizes the Marks must be approved by Kidokinetics in writing before being sold by the franchisee.