factual

What rights does the Franchisor reserve regarding operating other businesses outside the Kidokinetics franchisee's territory?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisor.

  • 2.2. Reservation of Rights. Franchisee acknowledges and agrees that Franchisor and any parties Franchisor designates will have the right to: (i) establish and operate, and license third parties the right to establish and operate, other franchised businesses using the Marks and System at any location outside of the Territory; (ii) acquire, merge with, engage in joint ventures with, or otherwise affiliate with, and thereafter own and operate and franchise others the right to own and operate, any business of any kind, including businesses that offer products that are similar to those provided by a Franchised Business, within or outside the Territory; (iii) open and operate, or license third parties the right to open or operate, businesses that offer products and services similar to the Franchised Business under marks other than the Marks at any location; (iv) sell and distribute, directly or indirectly, or license others to sell and distribute, directly or indirectly, any products, services or merchandise, from any location or to any purchaser, through any channel or method of distribution (including, but not limited, to virtual classes, sales made by or through telemarketing, and/or on the Internet); (v) provide the services or sell products authorized for Kidokinetics Businesses to customers whose principal residence (or principal business office, if the customer is a business entity) is within Franchisee's Territory if contact with the customer is initiated by the customer and not Franchisor; (vi) to use and license the use of technology to non-franchisee locations inside and outside the Territory; and (vii) engage in any other activities not expressly prohibited under this Agreement. Franchisee acknowledges and agrees that this Agreement does not grant it any right to (a) offer any product or service via e-commerce without prior approval by Franchisor, (b) establish an independent website or to establish a URL incorporating the Marks or any variation thereof, or (c) distribute, market, or implement Franchisor's products and services in any channel of distribution not specifically identified in this Agreement. Franchisee may not sell products through other channels of distribution such as wholesale, Internet or mail order sales.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics's 2024 Franchise Disclosure Document, the franchisor retains significant rights to operate and license businesses outside a franchisee's territory. Kidokinetics reserves the right to establish and operate, or license others to operate, other franchised businesses using the Kidokinetics marks and system at any location outside of the franchisee's territory. This means that Kidokinetics can expand its franchise network without being restricted by any one franchisee's territory.

Kidokinetics also reserves the right to acquire, merge with, engage in joint ventures, or affiliate with any business, including those offering similar products, either within or outside the franchisee's territory. They can then own, operate, and franchise these businesses. Furthermore, Kidokinetics can open or license others to open businesses offering similar products and services under different marks at any location. This allows Kidokinetics to diversify its offerings and brands without being limited by the franchisee's territory or the Kidokinetics brand itself.

Kidokinetics can also sell and distribute products, services, or merchandise directly or indirectly, or license others to do so, through any channel or method of distribution from any location to any purchaser. This includes virtual classes, telemarketing, and internet sales. Kidokinetics also retains the right to use and license technology to non-franchisee locations inside and outside the territory. These rights enable Kidokinetics to explore various business models and distribution channels without being constrained by the franchisee's exclusive territory. The franchisee agreement does not grant any right to offer products or services via e-commerce without prior approval, establish an independent website using Kidokinetics's marks, or distribute products and services in any channel not specifically identified in the agreement.

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.