What restriction is placed on the business activities of a Kidokinetics franchisee entity?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.2.3. Franchisee's organizational documents will, at all times, provide that the activities of Franchisee are confined exclusively to the operation of the Franchised Business granted herein, unless otherwise consented to in writing by Franchisor, which consent may be withheld by Franchisor in Franchisor's sole discretion;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee's business activities are primarily restricted to the operation of the franchised Kidokinetics business. The franchisee's organizational documents must state that its activities are confined exclusively to operating the Kidokinetics franchise, unless Kidokinetics provides written consent otherwise, which it may withhold at its discretion. This means a franchisee cannot engage in other business ventures through the franchise entity without explicit approval from Kidokinetics.
Kidokinetics also retains significant rights regarding other business activities. Kidokinetics can establish and operate other franchised businesses, engage in joint ventures, and operate businesses offering similar products under different marks, both within and outside the franchisee's territory. Kidokinetics can also sell and distribute products and services through various channels, including virtual classes and the internet. These activities do not require any payment to the franchisee, even if they occur within the franchisee's territory.
Furthermore, the franchisee is restricted from certain activities such as offering products or services via e-commerce without prior approval, establishing an independent website using Kidokinetics's marks, or using unauthorized channels of distribution like wholesale or mail order sales. These restrictions ensure that the franchisee focuses solely on the approved Kidokinetics business model and does not compete with or undermine the franchisor's broader business strategies. These limitations are typical in franchising to maintain brand consistency and protect the franchisor's market position.