Can Kidokinetics' online policy completely prohibit a franchisee from other online use of the Marks?

According to Kidokinetics' 2024 Franchise Disclosure Document, Kidokinetics' online policy can completely prohibit a franchisee from using the Marks on social networking sites or other online platforms. The FDD states that franchisees may not establish an account or participate in any social networking sites, crowdfunding campaigns, or blogs, or mention or discuss the Kidokinetics franchise, its affiliates, or Kidokinetics without prior written consent, subject to Kidokinetics' online policy.

Kidokinetics retains significant control over the franchisee's online presence and use of the Marks. Franchisees are restricted from advertising or using the Marks on the Internet or through telecommunications, including establishing any website listing, without Kidokinetics' express written consent, which may be withheld at Kidokinetics' sole discretion.

Furthermore, franchisees must not establish or maintain a separate website, splash page, profile, or other presence on the Internet, including social media profiles, without prior written approval from Kidokinetics. If approval is granted, franchisees must adhere to System standards, use provided templates, and obtain Kidokinetics' approval before making social media postings. Kidokinetics also has the right to request franchisees to provide all Social Media account information related to the Kidokinetics Business and grant Kidokinetics independent access to the accounts to manage them as Kidokinetics deems appropriate.

These stipulations mean that a Kidokinetics franchisee's ability to market and promote their franchise online is heavily regulated and subject to Kidokinetics' approval. A prospective franchisee should carefully consider these restrictions and discuss with Kidokinetics the specific online policies and potential limitations on their ability to use social media and other online platforms for their business.