What rights does the Franchisor reserve regarding a Kidokinetics franchisee's Social Media accounts?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
n 24 hours of Franchisor's notice to Franchisee. 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.
- 12.8. Brand Development Fund. We administer a "Brand Development Fund" that is used to promote public awareness of our brand and to improve our System. You are required to pay the Brand Development Fund Contribution described in Section 5.5.3. The Brand Development Fund may be administered by us or our affiliate or designees, at our discretion. You agree that we may use the Brand Development Fund for any expenditure that we, in our sole discretion, deem necessary or appropriate to promote or improve the System or the Kidokinetics brand. This includes, but is not limited to: (i) developing, maintaining, administering, directing, preparing or reviewing advertising and marketing materials, promotions and programs, including social media management; (ii) public awareness of any of the Marks; (iii) public and consumer relations and publicity; (iv) brand development;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the franchisor maintains significant control over a franchisee's social media presence related to the Kidokinetics business. Franchisees generally cannot establish or maintain a separate website, splash page, or social media profile without prior written approval from Kidokinetics. This includes platforms like Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, and TikTok.
If Kidokinetics grants approval for a social media presence, the franchisee must adhere to system standards and policies outlined in the Franchise Operations Manual. Franchisees must use templates provided by Kidokinetics for creating or modifying their sites and must obtain approval before making social media postings. Kidokinetics reserves the right to demand changes to any social media postings it deems inappropriate or detrimental to the brand's goodwill, and franchisees must comply within 24 hours of notice.
Kidokinetics also reserves the right to require franchisees to provide all social media account information related to the Kidokinetics business, including granting independent access as an account administrator. This allows Kidokinetics to make upgrades, post information, and manage social media accounts as it sees fit for the benefit of the entire Kidokinetics system. This level of control ensures brand consistency and allows Kidokinetics to manage its online presence effectively. Franchisees must also provide content requested by Kidokinetics for internet marketing and adhere to the franchisor's intranet and internet usage rules and policies.