What is the relationship between the employee, independent contractor, agent, representative, or supplier and the Kidokinetics 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' 2024 Franchise Disclosure Document, the relationship of an employee, independent contractor, agent, representative, or supplier is with the Kidokinetics franchisee, not with Kidokinetics Franchise LLC. A sample confidentiality agreement included in the FDD defines "Franchisee" as the Kidokinetics franchisee for whom an individual is an employee, independent contractor, agent, representative, or supplier.
This means that while Kidokinetics Franchise LLC sets the standards and provides the intellectual property, the actual employment or contractual relationship is directly between the franchisee and these individuals. Any issues related to employment, payment, or contractual obligations are the responsibility of the franchisee, not Kidokinetics itself.
The FDD emphasizes that these individuals must look to the franchisee, not Kidokinetics, for all purposes related to their relationship. This is further reinforced by the confidentiality agreement, which outlines that these individuals must not use Kidokinetics' intellectual property in any way detrimental to the franchisee or Kidokinetics and must maintain its confidentiality. Upon termination of their relationship with the franchisee, they must cease using the intellectual property and return all related documents.