Under what conditions can a Kidokinetics franchisee establish a website or other listing on the Internet?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 11.3.8.
Franchisor has established a website that provides information about the System and the services offered by the Kidokinetics franchises (the "Website").
Franchisor has sole discretion and control over the Website, including whether to discontinue the Website.
Franchisor will provide Franchisee with a dedicated page on the Website for Franchisee's Kidokinetics Business.
Franchisor may require Franchisee, at Franchisee's expense, to prepare all or a portion of the page using a template that Franchisor provides.
All such information will be subject to Franchisor's approval prior to posting.
Franchisee has no ownership or other proprietary rights to such page and will lose all rights to such page upon expiration or termination of this Agreement for any reason.
- 11.3.9.
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.
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.
Franchisor reserves the right to require Franchisee to provide it with all Social Media account information related to the Kidokinetics Business and grant Franchisor independent access (including as account administrator) to Franchisee's Kidokinetics Business Social Media accounts in order to make upgrades, post information, and manage Social Media accounts as Franchisor deems appropriate for the benefit of the System, Franchisor retains the sole right to market on the Internet, including the use of websites, domain names, uniform resource locator's, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements.
Franchisee must provide content Franchisor requests for Internet marketing and Franchisee must follow Franchisor's intranet and Internet usage rules, policies and requirements.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees are generally restricted from establishing their own websites or internet listings. Kidokinetics maintains a website that provides information about the Kidokinetics system and the services offered by its franchises. Kidokinetics will provide franchisees with a dedicated page on the website for the franchisee's Kidokinetics business. Kidokinetics retains sole discretion and control over the website, including the right to discontinue it.
Franchisees may be required to prepare all or a portion of their dedicated page using a template provided by Kidokinetics, at the franchisee's expense. All information posted on the franchisee's page is subject to Kidokinetics's approval before it is published. Franchisees do not have any ownership or proprietary rights to their page on the Kidokinetics website and will lose all rights to the page upon the expiration or termination of the Franchise Agreement.
Kidokinetics franchisees are prohibited from advertising or using the Kidokinetics marks on the internet or through other telecommunication advertising methods, or from establishing any website listing, without the express written consent of Kidokinetics, which may be withheld at Kidokinetics's sole discretion. Similarly, franchisees must not establish or maintain a separate website, splash page, profile, or other presence on the internet, including social media profiles, without advance written approval from Kidokinetics. If approval is granted, franchisees must operate the site according to Kidokinetics's system standards and utilize any templates provided by Kidokinetics. Franchisees must also obtain Kidokinetics's approval before making social media postings and agree to remove any postings that Kidokinetics deems inappropriate or detrimental to the goodwill of the system within 24 hours of notice.
Kidokinetics reserves the right to require franchisees to provide all social media account information related to the Kidokinetics business and grant Kidokinetics independent access to the franchisee's Kidokinetics business social media accounts to make upgrades, post information, and manage social media accounts as Kidokinetics deems appropriate for the benefit of the system. Kidokinetics retains the sole right to market on the internet, including the use of websites, domain names, linking, search engines, banner ads, meta-tags, marketing, auction sites, e-commerce, and co-branding arrangements. Franchisees must provide content that Kidokinetics requests for internet marketing and follow Kidokinetics's intranet and internet usage rules, policies, and requirements.