Under what condition must a Kidokinetics franchisee make the KIDOLINK Software available to a third party?

According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee is generally prohibited from making the KIDOLINK Software available to any third party. However, there is an exception to this rule. The franchisee must make the KIDOLINK Software available to a third party if Kidokinetics, at its sole discretion, requires it.

This means that while the franchisee typically uses the software for their internal business operations, Kidokinetics retains the right to mandate that the franchisee provide access to the software to an outside party. The FDD does not specify the reasons or circumstances under which Kidokinetics might require this access, leaving it to the franchisor's discretion.

For a prospective Kidokinetics franchisee, this clause highlights the importance of understanding the franchisor's control over the software and data management aspects of the business. It would be prudent to inquire with Kidokinetics about potential scenarios where third-party access to the KIDOLINK Software might be required and to understand the implications for the franchisee's operations and data security.