Does Kidokinetics retain the right to approve any linking to, or other use of, the Kidokinetics website?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor reserves the right to require Franchisee to provide it with all Social Media account information related to the Kidokinetics Business and grant Franchisor independent access (including as account administrator) to Franchisee's Kidokinetics Business Social Media accounts in order to make upgrades, post information, and manage Social Media accounts as Franchisor deems appropriate for the benefit of the System, Franchisor retains the sole right to market on the Internet, including the use of websites, domain names, uniform resource locator's, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements.
Franchisee must provide content Franchisor requests for Internet marketing and Franchisee must follow Franchisor's intranet and Internet usage rules, policies and requirements.
Franchisor 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.
Franchisor retains the sole right to approve any linking to, or other use of, the Kidokinetics website.
- 12.7. Promotional Programs.
Franchisor may, from time to time, initiate promotional programs for the benefit of all franchisees of the System such as "frequent purchase" card programs or special service discounts.
Franchisee agrees to accept and honor all rebates, giveaways, cards, promotional coupons, or other System-wide offers, as accepted by other franchisees in the System.
These programs may include minimum and maximum price policies, minimum advertised price policies and unilateral price policies.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics retains the sole right to approve any linking to, or other use of, the Kidokinetics website. Kidokinetics also has sole discretion and control over the website, including whether to discontinue the website. Kidokinetics will provide the franchisee with a dedicated page on the website for the franchisee's Kidokinetics business. Kidokinetics may require the franchisee, at the franchisee's expense, to prepare all or a portion of the page using a template that Kidokinetics provides. All such information will be subject to Kidokinetics's approval prior to posting. The franchisee has no ownership or other proprietary rights to such page and will lose all rights to such page upon expiration or termination of the Franchise Agreement for any reason.
Kidokinetics also retains the sole right to market on the Internet, including the use of websites, domain names, uniform resource locator's, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements. The franchisee must provide content Kidokinetics requests for Internet marketing and the franchisee must follow Kidokinetics's intranet and Internet usage rules, policies and requirements.
Except as approved in advance in writing by Kidokinetics, the franchisee must not establish or maintain a separate website, splash page, profile or other presence on the Internet, or otherwise advertise on the Internet or any other public computer network in connection with the Kidokinetics business, including any profile on Facebook, Twitter, LinkedIn, Plaxo, YouTube, Pinterest, Instagram, TikTok, or any other social media and/or networking site (whether currently in existence or developed in the future). If such approval is granted by Kidokinetics, the franchisee must establish and operate such Internet site in accordance with System standards and any other policies Kidokinetics designates in the Franchise Operations Manual or otherwise in writing from time to time and must utilize any templates that Kidokinetics provides to the franchisee to create and/or modify such site(s). The franchisee must obtain Kidokinetics's approval prior to making Social Media postings and the franchisee agrees to any Social Media postings that Kidokinetics, in its sole discretion, determines are inappropriate or detrimental to the goodwill of the System within 24 hours of Kidokinetics's notice to the franchisee.