What rights related to the Kidokinetics Business must the Franchisee assign to the Franchisor?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.7. Assignment of Numbers and Listings. At Franchisor's request, Franchisee will execute such forms and documents as Franchisor deems necessary to appoint Franchisor its true and lawful attorney-in-fact, with full power and authority, for the sole purpose of assigning to Franchisor, Franchisee's Kidokinetics Business telephone numbers and listings. Upon the expiration or termination of this Agreement, Franchisor may exercise its authority, pursuant to such documents, to obtain any and all of Franchisee's rights to the telephone numbers of the Kidokinetics Business and all related business listings, and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses or any other similar listing or usages related to the Kidokinetics Business.
- 17.3. Assignment of Telephone Numbers. Franchisee, at the option of Franchisor, shall assign to Franchisor all rights to the telephone numbers of the Kidokinetics Business and any related business listings and execute all forms and documents required by Franchisor and any telephone company at any time, to transfer such service and numbers to Franchisor. Further, Franchisee shall assign to Franchisor any and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses or any other similar listing or usage related to the Kidokinetics Business. Notwithstanding any forms and documents that may have been executed by Franchisee under Section 10.7, Franchisee hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking such action as is necessary to complete such assignment. This power of attorney will survive the expiration or termination of this Agreement. Franchisee shall use different telephone numbers, electronic mail addresses or other listings or usages at or in connection with any subsequent business conducted by 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 shall provide Franchisor or Licensor with all assignments, affidavits, documents, information and assistance Franchisor or Licensor reasonably requests to fully vest in Franchisor or Licensor all such rights, title and interest in and to the Intellectual Property, including all such items as are reasonably requested by Franchisor or Licensor to register, maintain and enforce such rights in the Intellectual Property.
Franchisee shall not use the Marks as part of its corporate or other legal name, and shall obtain the Franchisor's approval of its corporate or other legal name prior to filing it with the applicable
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees, at the franchisor's option, must assign to Kidokinetics all rights to the Kidokinetics Business telephone numbers and any related business listings. This includes executing all necessary forms and documents required by Kidokinetics and any telephone company to transfer the service and numbers to the franchisor.
Furthermore, franchisees must assign any and all Internet listings, domain names, Internet advertising, websites, listings with search engines, electronic mail addresses, or any other similar listing or usage related to the Kidokinetics Business to the franchisor. To facilitate this, franchisees appoint Kidokinetics as their true and lawful agent and attorney-in-fact, granting them full power and authority to take necessary actions to complete the assignment. This power of attorney survives the expiration or termination of the Franchise Agreement. Franchisees are required to use different telephone numbers, email addresses, or other listings if they conduct any subsequent business.
Kidokinetics also reserves the right to require franchisees to provide all Social Media account information related to the Kidokinetics Business and grant Kidokinetics independent access, including as account administrator, to the franchisee's Kidokinetics Business Social Media accounts. This access allows Kidokinetics to make upgrades, post information, and manage Social Media accounts as they deem appropriate for the benefit of the Kidokinetics system. Kidokinetics retains the sole right to market on the Internet, including the use of websites, domain names, uniform resource locators, linking, search engines, banner ads, meta-tags, marketing, auction sites, e-commerce, and co-branding arrangements. Franchisees must provide content that Kidokinetics requests for Internet marketing and follow Kidokinetics' intranet and Internet usage rules, policies, and requirements.
Additionally, franchisees must provide Kidokinetics or its licensor with all assignments, affidavits, documents, information, and assistance that Kidokinetics or its licensor reasonably requests to fully vest all rights, title, and interest in and to the Intellectual Property. This includes items reasonably requested to register, maintain, and enforce such rights in the Intellectual Property. Franchisees must not use the Marks as part of their corporate or other legal name without prior approval from Kidokinetics and must comply with Kidokinetics' instructions for trade name or fictitious name registrations. All fictitious names used by franchisees will bear the designation "a franchisee of Kidokinetics Franchisee LLC".