What standards and specifications must a Kidokinetics franchisee comply with regarding their Computer System and any Required Software?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
ereby subject to termination as provided herein.
11.3. Computer Systems.
Kidokinetics
- 11.3.1. Franchisee, at Franchisee's sole expense, shall install and maintain the management software, required applications and a computer system that complies with Franchisor's standards and specifications, including: (i) an office computer, a tablet computer, a telephone, a fax machine, and a smartphone; (ii) a custom and proprietary point of sale system (the "POS System"), if Franchisor makes such a POS System part of its proprietary operating system in the future; (iii) printers and other peripheral hardware or devices; (iv) archival back-up systems; (v) Internet access mode and speed; and (vi) physical, electronic, and other security systems (collectively, the "Computer System"); and Franchisee shall follow the procedures related thereto that Franchisor specifies in the Franchise Operations Manual or otherwise in writing.
- 11.3.2. Franchisor may require Franchisee, at Franchisee's sole expense, to install and maintain systems that permit Franchisor to electronically access and retrieve any information stored in Franchisee's management software and other computer systems, including, without limitation, information concerning Gross Sales. Upon Franchisor's request, Franchisee shall execute such documents as Franchisor deems necessary to permit Franchisor to electronically access and retrieve all information stored on Franchisee's office computer, tablet computer, and smartphone, and in Franchisee's management software and other computer systems. There are no contractual limitations on Franchisor's right to access the information and data on Franchisee's POS System and Computer System. Franchisee shall deliver to Franchisor a separate and distinct full access user name and temporary password, as well as all access codes, static internet protocol ("IP") addresses and other information to facilitate Franchisor's access to the data generated by and stored in Franchisee's computer, tablet or smartphone.
- 11.3.3. Franchisor shall have the right, but not the obligation, to develop or designate: (i) computer software programs Franchisee must use in connection with any component of the Computer System (the "Required Software"), which Franchisee shall install at Franchisee's expense; (ii) updates, supplements, modifications, or enhancements to the Required Software, which Franchisee shall install at Franchisee's expense; (iii) the tangible media upon which Franchisee records data; and (iv) the database file structure of the Computer System. Franchisee shall be responsible for the payment of all fees associated with the Required Software, Computer System and POS System.
- 11.3.4. At Franchisor's request, Franchisee shall purchase or lease, and thereafter maintain, the Computer System and, if applicable, the Required Software. Franchisee agrees to pay all fees associated with the use of Required Software, which may be payable to Franchisor or Franchisor's approved or designated suppliers. Franchisee expressly agrees to strictly comply with Franchisor's standards and specifications for all items associated with Franchisee's Computer System and any Required Software. Franchisee agrees, at its own expense, to keep its Computer System in good maintenance and repair and install such upgrades, additions, changes, modifications, substitutions, and/or replacements to Franchisee's Computer System or Required Software as Franchisor directs from time to time in writing. Franchisee agrees its compliance with this Section 11.3.4 shall be at Franchisee's sole cost and expense.
- 11.3.5. Franchisor may now or in the future create or designate a proprietary software program, and Franchisor will retain a proprietary interest in all databases, lists, templates, programs and any other software components that have been created and/or customized by Franchisor using the Computer System and/or Required Software (the "Proprietary Software"). Proprietary Software
may conduct, among other things, scheduling, accounting, inventory, and related activities. Franchisee must obtain the computer hardware necessary to implement the Proprietary Software into the Kidokinetics Business, and comply with all specifications and standards prescribed by Franchisor regarding the Proprietary Software as provided in the Franchise Operations Manual. This Proprietary Software will be Franchisor's proprietary product, and the information collected therefrom will be deemed Franchisor's confidential information.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees must install and maintain a computer system that adheres to Kidokinetics' standards and specifications. This includes an office computer, a tablet computer, a telephone, a fax machine, and a smartphone. If Kidokinetics introduces a custom point-of-sale (POS) system as part of its proprietary operating system in the future, franchisees will be required to implement it. The computer system also includes printers, peripheral hardware, archival back-up systems, specified internet access mode and speed, and physical and electronic security systems. Franchisees must follow procedures related to the computer system as specified in the Franchise Operations Manual or in writing.
Kidokinetics may require franchisees to install and maintain systems that allow Kidokinetics to electronically access and retrieve any information stored in the franchisee's management software and other computer systems, including gross sales data. Franchisees must provide Kidokinetics with a full access username, a temporary password, all access codes, static internet protocol (IP) addresses, and other information to facilitate access to data generated by the franchisee's computer, tablet, or smartphone. There are no contractual limitations on Kidokinetics' right to access information and data on the franchisee's POS system and computer system.
Kidokinetics franchisees are also required to participate in any system-wide computer network, intranet system, or extranet system that Kidokinetics implements. They may be required to use these systems to submit reports, view and print the Franchise Operations Manual, download approved local advertising materials, communicate with Kidokinetics and other franchisees, and complete training. Franchisees must use these systems in strict compliance with the standards, protocols, and restrictions included in the Franchise Operations Manual, including those related to encryption and prohibitions against libelous or defamatory statements. Franchisees must maintain adequate hardware and software for internet access at the speed required by Kidokinetics and maintain an electronic mail account with an internet service provider acceptable to Kidokinetics, reading all Kidokinetics-related emails daily and acknowledging receipt of emails sent by Kidokinetics. Franchisees are prohibited from establishing any website or other listing on the internet except as specifically permitted by Kidokinetics.
Furthermore, Kidokinetics can, at its sole and absolute discretion, require franchisees to make upgrades to equipment, machinery, tools, including QuickBooks Pro online or other designated management software, and computer hardware, software, applications, and any technology used in conjunction. Franchisees are also obligated to sign Kidokinetics' current software license agreement for any proprietary software, pay associated license fees, and upgrade the software as directed by Kidokinetics. These stipulations ensure that all Kidokinetics franchises operate with uniform technology and that Kidokinetics maintains access to important operational data.