factual

Can Kidokinetics require a franchisee to participate in franchisee advisory council activities and meetings if a council is created?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisor will have the right, in Franchisor's discretion, to designate any geographical area for purposes of establishing a regional advertising and promotional cooperative ("Cooperative"), and to determine whether a Cooperative is applicable to the Kidokinetics Business. If a Cooperative is established applicable to the Kidokinetics Business, Franchisee must participate in the Cooperative. Cooperative contributions will be credited towards the Local Marketing discussed in Section 12.2 above. Cooperative contributions will not exceed the Local Marketing Requirement unless a majority of the Cooperative votes to increase that requirement. The following provisions will apply to each Cooperative:

  • 12.3.1. Each Cooperative will be organized and governed in a form and manner, and will commence operation on a date, approved in advance by Franchisor;
  • 12.3.2. Each Cooperative will be organized for the exclusive purpose of administering regional advertising programs and developing, subject to Franchisor's approval, standardized advertising materials for use by the members in local advertising;
  • 12.3.3. No promotional or advertising plans or materials may be used by a Cooperative or furnished to its members without Franchisor's prior approval. All such plans and materials must be submitted to Franchisor for prior review and approval;
  • 12.3.4. The Cooperative's activities will be agreed upon by a majority vote of the member franchisees in the Cooperative. All Cooperative contributions will be credited against the Local Marketing Requirement. The Cooperative may, by the majority vote of its members, require a Cooperative contribution in excess of the Local Marketing requirement;

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees are required to participate in regional advertising and promotional cooperatives if Kidokinetics chooses to establish them. If a cooperative is established for the Kidokinetics business, participation is mandatory for franchisees.

The cooperative is designed to administer regional advertising programs and develop standardized advertising materials, subject to Kidokinetics' approval, for local advertising use by its members. All plans and materials must receive prior approval from Kidokinetics. The activities of the Cooperative are determined by a majority vote of the member franchisees within the cooperative.

Franchisees' contributions to the Cooperative are credited towards their Local Marketing Requirement. The Cooperative can, with a majority vote of its members, require contributions exceeding the Local Marketing requirement. This structure ensures that franchisees are involved in regional advertising decisions while adhering to Kidokinetics' standards and guidelines.

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.