Under what condition is a Kidokinetics franchisee prohibited from advertising or using the Marks on the Internet?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
reviously 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's 2024 Franchise Disclosure Document, a franchisee is prohibited from advertising or using the Marks on the Internet without the express written consent of Kidokinetics. This consent can be withheld at Kidokinetics's sole discretion.
In practical terms, this means that a prospective Kidokinetics franchisee cannot independently launch online advertising campaigns or create websites using the Kidokinetics brand without first obtaining explicit approval from the franchisor. This control allows Kidokinetics to maintain brand consistency and manage its online presence effectively.
Furthermore, even if initial approval is granted, the franchisee must adhere to System standards and any other policies Kidokinetics designates in the Franchise Operations Manual. Franchisees must also use any templates that Kidokinetics provides for creating or modifying their sites and obtain Kidokinetics's approval before making social media postings. Kidokinetics retains the right to require the franchisee to alter or remove any social media postings that it deems inappropriate or detrimental to the goodwill of the System within 24 hours of notice.
Kidokinetics also reserves the right to access a franchisee's social media accounts related to the Kidokinetics business to make upgrades, post information, and manage the accounts as it deems appropriate for the benefit of the System. This level of control highlights the importance of aligning all online activities with the franchisor's overall marketing strategy and brand image.