Under what circumstances can Kidokinetics substitute different Marks for use in identifying the System and the Kidokinetics Business?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 13.6 Substitution.
Franchisor reserves the right to substitute different Marks for use in identifying the System and the Kidokinetics Business if the current Marks no longer can be used by Franchisor, or if Franchisor, in its sole discretion, determines that substitution of different Marks will be beneficial to the System.
In such event, Franchisor will require Franchisee, at Franchisee's expense, to discontinue or modify Franchisee's use of any of the Marks or to use one or more additional or substitute Marks no later than 10 days after notification thereof.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics retains the right to substitute different Marks (logotypes, service marks, and trademarks) for identifying the System and the Kidokinetics Business under certain conditions. This substitution can occur if the current Marks can no longer be used by Kidokinetics, or if Kidokinetics, at its discretion, determines that using different Marks would benefit the System.
In the event of such a substitution, Kidokinetics will require the franchisee to discontinue or modify their use of any of the Marks. Franchisees may also be required to use one or more additional or substitute Marks. This change must be implemented by the franchisee at their own expense, and within 10 days of receiving notification from Kidokinetics.
This clause highlights the importance of franchisees staying adaptable to changes implemented by Kidokinetics to maintain brand relevance and legal compliance. While franchisees bear the cost of these changes, the franchisor's ability to update the brand marks can be seen as a measure to protect and enhance the overall brand and system.