factual

Is sexual abuse and molestation coverage required for a Kidokinetics franchise?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

or damages.

14. INSURANCE AND INDEMNIFICATION

  • 14.1. Procurement. Franchisee shall procure, prior to the commencement of any operations under this Agreement, and maintain in full force and effect during the term of this Agreement at Franchisee's sole cost and expense and to Franchisor's sole satisfaction, insurance policies rated A or better with A.M. Best Company, protecting Franchisee and Franchisor, and naming Franchisor, its officers, directors, partners, owners, employees and affiliates as additional insureds, with at least the following coverage and limits (except as additional coverage and higher policy limits may reasonably be specified from time to time by Franchisor in the Franchise Operations Manual or otherwise in writing):
    • 14.1.1. Liability. Franchise will be required to procure and maintain insurance in the amounts Franchisor prescribes. Presently, Franchisor's insurance requirements are as follows: (i) comprehensive general liability insurance in the amount of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, or in the event you lease commercial office space or storage space, such amount as required by your lease or state laws; (ii) umbrella excess liability coverage

in an amount equal to $1,000,000 combined single limit coverage; (iii) automobile insurance in the amount of at least a combined single limit for bodily and property damage of $100,000, or greater if required by state law; and, if you have employees, statutory worker's compensation insurance in the limits required by state law; (iv) hired-non owned automobile insurance; (v) crime insurance for employee dishonesty in the amount of $5,000 combined single limit; (vi) sexual abuse and molestation coverage; (vii) an accident policy; and (viii) workers compensation with $1,000,000 limits or such additional limits as required by state law.

  • 14.2. Certificates. At least 30 days prior to the opening of the Kidokinetics Business and policy renewal date, Franchisee shall deliver to Franchisor Certificates of Insurance evidencing the existence and continuation of proper coverage with limits not less than those required hereunder. In addition, if requested by Franchisor, Franchisee shall deliver to Franchisor a copy of the insurance policy or policies required in Article 14. All policies of insurance required to be maintained by Franchisee will be renewed (and policies or certificates together with evidence of payment of premiums delivered to Franchisor) at least 30 days prior to the respective expiration dates of existing policies of insurance. All such policies shall contain endorsements requiring the insurer to give Franchisor at least 10 days written notice before terminating, canceling or making any changes in any such policy.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

Yes, according to Kidokinetics's 2024 Franchise Disclosure Document, franchisees are required to procure sexual abuse and molestation coverage as part of their insurance requirements.

The FDD specifies that franchisees must obtain and maintain insurance policies protecting both the franchisee and Kidokinetics, listing Kidokinetics and its affiliates as additional insureds. These policies must be rated A or better by A.M. Best Company.

In addition to general liability, automobile, and worker's compensation insurance, Kidokinetics requires franchisees to carry sexual abuse and molestation coverage, as well as crime insurance for employee dishonesty in the amount of $5,000 combined single limit, an accident policy, and workers compensation with $1,000,000 limits or such additional limits as required by state law. Franchisees must provide certificates of insurance to Kidokinetics at least 30 days prior to opening their business and upon policy renewal, demonstrating that they have the required coverage and limits.

Kidokinetics also retains the right to increase the minimum insurance requirements or add additional types of insurance as it deems necessary. This means that the franchisee's insurance costs could potentially increase during the term of the franchise 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.