What standards must Kidokinetics advertising conform to?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
ng Requirement.
- 12.5. Approval of Advertising. All advertising and promotion by Franchisee, in any medium, will be conducted in a professional manner and conform to the standards and requirements of Franchisor as set forth in the Franchise Operations Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising and promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic or computerized form, or in any form of media, other than Social Media as addressed in Section 12.6 below, now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within fifteen (15) business days of Franchisor's receipt thereof. Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing, and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Franchisee shall not advertise or use the Marks in any fashion on the Internet or via other means of advertising through telecommunication, or establish any website listing, without the express written consent of Franchisor, which may be withheld in Franchisor's sole discretion. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Kidokinetics Business and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
- 12.6. Social Media. Except as approved in advance in writing by Franchisor, 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 Franchisor, Franchisee: (i) must establish and operate such Internet site in accordance with System standards and any other policies Franchisor designates in the Franchise Operations Manual or otherwise in writing from time to time; (ii) must utilize any templates that Franchisor provides to Franchisee to create and/or modify such site(s); and (iii) must obtain Franchisor's approval prior to making Social Media postings and Franchisee agrees to any Social Media postings that Franchisor, in its sole discretion, determines are inappropriate or detrimental to the goodwill of the System within 24 hours of Franchisor's notice to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, all advertising and promotion must be conducted professionally and adhere to the standards and requirements set by Kidokinetics, as detailed in the Franchise Operations Manual or otherwise communicated. Franchisees must submit all advertising and promotional materials, including digital and electronic formats, to Kidokinetics for approval, excluding social media content covered in another section. Kidokinetics will then approve or disapprove the submitted materials within 15 business days. Franchisees cannot use unapproved materials until written approval is granted and must stop using any advertising or promotional materials upon notice from Kidokinetics, even if previously approved.
Kidokinetics also has the right to develop and administer advertising and sales promotion programs to enhance the success of all Kidokinetics franchises. Franchisees are required to participate in these programs, and Kidokinetics has the final say on all aspects, including the type, quantity, timing, placement, media choice, market areas, and advertising agencies used.
Franchisees are also required to conduct all advertising programs in a dignified manner that does not detract from the reputation of the Kidokinetics system or its trademarks. Furthermore, franchisees must prominently display signs at their business locations and on service vehicles, using the trademarks and advertising materials as directed or approved in writing by Kidokinetics. Franchisees cannot display any signs or advertising that Kidokinetics objects to, including outdated materials, and Kidokinetics reserves the right to remove any non-approved signs or advertising materials at the franchisee's location without reimbursement.