factual

What obligation does a Kidokinetics franchisee have regarding the franchisor's standards of quality, service, and appearance?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

such representations, warranties and covenants.

11. FRANCHISEE'S OPERATIONS

  • 11.1. Operation of Kidokinetics Business. In order to maintain the highest degree of quality and service on a uniform System-wide basis, Franchisee shall operate the Kidokinetics Business in conformity with the methods, standards, specifications and operating procedures prescribed by Franchisor. Franchisee agrees to comply with the Franchise Operations Manual, as it is modified from time to time, and all directives, rules and procedures specified by Franchisor, and will, among other things:
    • 11.1.1. Use only such supplies, equipment and vehicles which comply with Franchisor's specifications;
    • 11.1.2. Maintain and operate the Kidokinetics Business in good condition and repair and in a proper and businesslike manner, using Franchisee's best efforts to maintain the Kidokinetics Business in accordance with current System standards, the Franchise Operations Manual and all other directives and requirements of Franchisor, as they may be amended from time to time, and do such repairing, refurbishing and restoration as from time to time may be reasonably required to meet System standards and Franchisor's requirements as they may be modified from time to time;
    • 11.1.3. Comply with all applicable governmental laws, ordinances, rules and regulations, including prompt payment of taxes when due;
    • 11.1.4. Adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct in all dealings with customers, suppliers, and Franchisor;
    • 11.1.5. Require all employees of the Kidokinetics Business to wear uniforms or clothes conforming to Franchisor's specifications as to style, color, and design, as Franchisor may, from time to time, reasonably designate so as to maintain the goodwill and reputation of Franchisor, the System and the Marks;

  • 11.1.6. Employ only qualified individuals who are trained in accordance with Franchisor's standards and who will at all times conduct themselves in a competent and courteous manner in accordance with this Agreement and the image and reputation of the System. Franchisee shall use its best efforts to insure that Franchisee's employees maintain a neat and clean appearance and render competent and courteous service to patrons of the Kidokinetics Business. Franchisee acknowledges and agrees that poorly trained employees, sloppy or unclean appearances and incompetent or discourteous service are extremely damaging to the goodwill of the System and the Marks and are a default of this Agreement;
  • 11.1.7. Obtain and use only equipment, vehicles, products, supplies, business forms, signs, stationery, and services that conform to the current standards and specifications for the System as required by Franchisor and obtained from Franchisor's previously approved suppliers. Franchisor has the right to terminate this Agreement if Franchisee uses any equipment, vehicles or products that do not conform to such standards and specifications, if Franchisee fails to obtain any equipment required by Franchisor, or if Franchisee purchases from suppliers that have not been previously approved in writing by Franchisor. Franchisee agrees to maintain an adequate inventory of all items in accordance with the Franchise Operations Manual;
  • 11.1.8. Prominently display signs in and upon the Kidokinetics Business Location and service vehicles using the Marks and/or other advertising of such nature, form, color, number, location and size, and containing such material, as Franchisor may from time to time reasonably direct or approve in writing; and to not display in or upon the Kidokinetics Business Location or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects, including signs and advertising media which have been outdated. Upon giving Franchisee notice of its objection to same or upon termination of this Agreement, Franchisor may at any time enter upon the Kidokinetics Business Location or elsewhere and remove any objectionable or non-approved signs or advertising media and keep or destroy same without reimbursing Franchisee or without being deemed guilty of trespass or any other tort;
  • 11.1.9.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees must maintain the highest degree of quality and service, operating their Kidokinetics business in line with the methods, standards, specifications, and operating procedures that the franchisor prescribes. This includes complying with the Franchise Operations Manual, as it may be modified, along with all directives, rules, and procedures specified by Kidokinetics. Franchisees must use only supplies, equipment, and vehicles that meet Kidokinetics' specifications. They also need to maintain and operate the Kidokinetics business in good condition and repair, striving to keep it in accordance with current System standards and all other directives from Kidokinetics, making necessary repairs, refurbishments, and restorations as required to meet these standards.

Kidokinetics franchisees are obligated to adhere to the highest standards of honesty, integrity, fair dealing, and ethical conduct in all interactions with customers, suppliers, and the franchisor. Franchisees must ensure that all employees wear uniforms or clothes that conform to Kidokinetics' specifications regarding style, color, and design, as reasonably designated by Kidokinetics, to maintain the goodwill and reputation of the franchisor, the System, and the Marks. Furthermore, franchisees must employ only qualified individuals who are trained according to Kidokinetics' standards and who will conduct themselves competently and courteously, in line with the Franchise Agreement and the image and reputation of the System. Franchisees are also responsible for ensuring that their employees maintain a neat and clean appearance and provide competent and courteous service to customers.

To further maintain the Kidokinetics image, franchisees must use only signs, supplies, vehicles, equipment, invoices, business cards, and similar items imprinted with the Marks and colors as prescribed by Kidokinetics. The franchisee is responsible for maintaining the Kidokinetics Business and its location to the standards of sanitation, repair, and condition required by Kidokinetics, as specified in the Franchise Operations Manual and other written directives. This includes making necessary additions, alterations, repairs, refurbishing, and replacements to comply with Kidokinetics' standards, such as periodic repairs or replacement of worn or impaired supplies, equipment, vehicles, and signage as directed by Kidokinetics.

Failure to maintain these standards can result in the termination of the Franchise Agreement. Specifically, the agreement can be terminated if the franchisee fails to maintain the strict quality controls reasonably required or conducts themselves in a manner that reflects adversely on the System, the Marks, or the services offered. This underscores the importance of adhering to Kidokinetics' standards to protect the brand's reputation and ensure consistent service quality across all franchise locations.

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.