After termination or expiration of the Kidokinetics franchise agreement, what are some examples of items a franchisee must cease using that display Kidokinetics marks?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.1. Franchisee's Obligations. Upon termination or expiration of this Agreement, all rights and licenses granted hereunder to Franchisee will immediately terminate and Franchisee and each Principal, if any, shall:
- 17.1.1. immediately cease to operate the Kidokinetics Business, and not, directly or indirectly, identify himself, herself or itself as a current or former Kidokinetics Business owner, franchisee or licensee;
- 17.1.2. immediately and permanently cease to use the Marks, any imitation of any Mark or other indicia of a Kidokinetics Business, or use any trade name, trade or service mark or other commercial symbol that suggests an association with Franchisor, Licensor, or the System. In particular, Franchisee shall cease to use, without limitation, all signs, advertising materials, displays, vehicle wraps, stationery, forms and any other articles, which display the Marks;
- 17.1.3. take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation, which is satisfactory to Franchisor, within five (5) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee must immediately stop using all items that display Kidokinetics' marks. This includes, but is not limited to, signs, advertising materials, displays, vehicle wraps, stationery, and forms.
This requirement ensures that the franchisee does not continue to represent themselves as being affiliated with Kidokinetics after the agreement ends. It protects Kidokinetics' brand and prevents potential confusion among customers. The franchisee must also cease operating the Kidokinetics business and cannot directly or indirectly identify themselves as a current or former Kidokinetics business owner, franchisee, or licensee.
Furthermore, the franchisee is obligated to take necessary actions to cancel any assumed name or equivalent registration that contains the Kidokinetics mark or any other service mark or trademark of the franchisor. Evidence of compliance with this obligation must be provided to Kidokinetics within five days after the termination or expiration of the agreement. This ensures that the franchisee no longer uses the Kidokinetics name in any official capacity.