What part of the Kidokinetics FDD is amended regarding the use of Marks?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Item 13 of the FDD is hereby amended to state that we will protect your rights under the Franchise Agreement to use the Marks, or indemnify you from any loss, costs, or expenses arising out of any third-party claim, suit or demand regarding your use of the Marks, if your use of the Marks is in compliance with the provisions of the Franchise Agreement and our System standards.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Item 13 of the FDD is amended for franchises governed by Minnesota law. The amendment clarifies that Kidokinetics will protect the franchisee's rights to use the Marks under the Franchise Agreement. Kidokinetics also agrees to indemnify the franchisee from any losses, costs, or expenses resulting from third-party claims related to the franchisee's use of the Marks. However, this protection is contingent upon the franchisee's compliance with the provisions of the Franchise Agreement and Kidokinetics's System standards.
This amendment is specific to Minnesota due to state-specific franchise laws. It ensures that Kidokinetics franchisees in Minnesota are protected in their use of the company's trademarks and brand identity. This type of protection is crucial for franchisees as it shields them from potential legal challenges related to trademark infringement, provided they adhere to the franchisor's guidelines.
For a prospective Kidokinetics franchisee in Minnesota, this amendment offers an additional layer of security. It means that if they use the Kidokinetics Marks as instructed and in accordance with the franchise agreement, Kidokinetics will stand behind them and cover any legal costs associated with trademark disputes. This can be a significant benefit, reducing the risk and potential financial burden on the franchisee.