Regarding the Kidokinetics franchise agreement, if I am an employee of the franchisee, is my employment relationship with Kidokinetics Franchise LLC or the franchisee?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
7. Miscellaneous.
- a. Although this Agreement is entered into in favor of Kidokinetics Franchise LLC, you understand and acknowledge that your employer/employee, independent contractor, agent, representative, or supplier relationship is with Franchisee and not with us, and for all purposes in connection with such relationship, you will look to Franchisee and not to us.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if you are an employee of a Kidokinetics franchisee, your employment relationship is with the franchisee, not with Kidokinetics Franchise LLC. The agreement explicitly states that for all matters related to your employment, you should look to the franchisee, not to Kidokinetics. This means the franchisee is responsible for your wages, benefits, and overall employment terms.
This distinction is important because it clarifies that Kidokinetics, as the franchisor, is not your employer. Your direct employer is the individual or entity that owns and operates the specific Kidokinetics franchise location where you work. This arrangement is typical in franchising, where the franchisor sets the brand standards and provides support, but the franchisee manages the day-to-day operations and employment matters.
As an employee, understanding this relationship is crucial. Any employment-related issues, such as disputes over wages or working conditions, should be addressed with the franchisee, not with Kidokinetics Franchise LLC. Kidokinetics's role is to ensure brand consistency and provide support to its franchisees, but it does not directly manage the employees of those franchisees.
This arrangement protects Kidokinetics from potential liabilities related to the franchisee's employees and ensures that franchisees have the autonomy to manage their staff according to local laws and their own business practices, within the framework of the franchise agreement.