factual

What is the name of the business management software developed by a Kidokinetics affiliate that franchisees will utilize?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

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BACKGROUND

  • A. Simultaneously with the execution of this Agreement, Franchisor and Franchisee are entering into a franchise agreement ("Franchise Agreement") pursuant to which Franchisor is granting Franchisee the right to operate a Kidokinetics® franchised business ("Franchised Business") under Franchisor's Marks and System.
  • B. One of Franchisee's obligations under the Franchise Agreement is to implement such Computer Systems, including all software and hardware, Franchisor requires.
  • C. Franchisor's affiliate has developed the KIDOLINK business management software, for which Franchisor has the contractual right to sublicense, to be utilized by Franchisee in connection with the Franchised Business ("KIDOLINK Software"). The KIDOLINK software provides assistance with the management of client leads and data, sales records and documentation, inventory control, marketing efforts, administrative matters, and customer service for Franchisee and Franchisee's employees.
  • D. Franchisor may also, from time to time, whether itself or through its designees develop customized software for Franchisee's use in connection with the Franchised Business ("Customized Software"). Franchisee may, at the discretion of Franchisor, be required to purchase and use the Customized Software. Whether Franchisee is required to, or otherwise elects to, use the Customized Software, Franchisee agrees to abide by the terms of this Agreement with regards to any Customized Software. The KIDOLINK Software and Customized Software will be referred to collectively in this Agreement as the "Proprietary Software."
  • E. Guarantors agree to personally, and jointly and severally, guaranty Franchisee's obligations and covenants under this Agreement and to be bound by each provision as though each were the Franchisee.
  • F. Now, the parties desire to define the terms and conditions on which Franchisor will grant use of the KIDOLINK Software and Customized Software to Franchisee in accordance with the provisions of this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. KIDOLINK SOFTWARE

A. GRANT OF USE

  • (a) License Grant. Franchisor grants to Franchisee a personal, limited, non-assignable, non-transferrable, non-exclusive license to use the KIDOLINK Software during the term of the Franchise Agreement, subject to the terms and conditions set forth in this Agreement.
  • (b) No Customization. Franchisor prohibits Franchisee from customizing or authorizing customizations of the KIDOLINK Software
  • (c) Scope of Use.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, the business management software developed by a Kidokinetics affiliate is called KIDOLINK. Franchisees are obligated to implement the computer systems, including all required software and hardware. The KIDOLINK software assists with managing client leads and data, sales records and documentation, inventory control, marketing efforts, administrative matters, and customer service for the franchisee and their employees.

Kidokinetics may also develop customized software for the franchisee's use. Both the KIDOLINK Software and any Customized Software are collectively referred to as the "Proprietary Software" in the agreement. The franchisor will grant the franchisee the right to use the KIDOLINK Software and Customized Software according to the terms and conditions defined in the agreement.

Franchisees must pay a Software License Fee of $3,000 for the use of Kidokinetics's proprietary software when signing the agreement. If the agreement is for an additional Kidokinetics business, the franchisee will pay a reduced Software License Fee of $1,000. Franchisees must also sign the "Software License Agreement," which is included as an exhibit in the Franchise Disclosure Document.

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.