What is the required action if a Kidokinetics franchisee wants to use their own advertising materials?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
You must order sales and marketing material from us or our designated suppliers. It is a material breach of the Franchise Agreement to use other marketing material without obtaining our prior written approval. If you desire to use your own advertising materials, including your own website, you must obtain our prior approval, which may be granted or denied in our sole discretion. We will review your request and we will respond in writing within 30 days from the date we receive all requested information. Our failure to notify you in the specified time frame will be deemed a disapproval of your request. Use of logos, Marks and other name identification materials must follow our approved standards. You may not use our logos, Marks and other name identification materials on items to be sold or services to be provided without our prior written approval.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 26–34)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee must obtain prior written approval from Kidokinetics if they want to use their own advertising materials. This includes their own website. Kidokinetics has the sole discretion to grant or deny approval. Kidokinetics will review the franchisee's request and respond in writing within 30 days from the date they receive all requested information. If Kidokinetics fails to notify the franchisee in the specified time frame, the request will be deemed disapproved.
Furthermore, the franchisee must order sales and marketing material from Kidokinetics or its designated suppliers. It is considered a material breach of the Franchise Agreement to use other marketing material without obtaining prior written approval. The use of logos, Marks, and other name identification materials must follow Kidokinetics's approved standards. Franchisees may not use Kidokinetics's logos, Marks, and other name identification materials on items to be sold or services to be provided without prior written approval.
Kidokinetics also retains sole rights to marketing on the Internet, including the use of websites, domain names, and search engine optimization techniques. Franchisees may be requested to provide content for Kidokinetics's Internet marketing and must follow Kidokinetics's intranet and Internet usage rules, policies, and requirements. Kidokinetics retains the sole right to use the Marks on the Internet, including on websites, as domain names, directory addresses, search terms, and meta-tags, and in connection with linking, marketing, co-branding, and other arrangements. Kidokinetics retains the sole right to approve any linking to, or other use of, the Kidokinetics website.
These stipulations are typical in franchising, as franchisors seek to maintain brand consistency and control over marketing messages. A prospective Kidokinetics franchisee should carefully consider these requirements and ensure they are comfortable adhering to Kidokinetics's marketing guidelines.