Under what conditions can the Kidokinetics Franchisor terminate the Franchise Agreement related to equipment and supplies?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
s and are a default of this Agreement;
- 11.1.7. Obtain and use only equipment, vehicles, products, supplies, business forms, signs, stationery, and services that conform to the current standards and specifications for the System as required by Franchisor and obtained from Franchisor's previously approved suppliers. Franchisor has the right to terminate this Agreement if Franchisee uses any equipment, vehicles or products that do not conform to such standards and specifications, if Franchisee fails to obtain any equipment required by Franchisor, or if Franchisee purchases from suppliers that have not been previously approved in writing by Franchisor. Franchisee agrees to maintain an adequate inventory of all items in accordance with the Franchise Operations Manual;
- 11.1.8. Prominently display signs in and upon the Kidokinetics Business Location and service vehicles using the Marks and/or other advertising of such nature, form, color, number, location and size, and containing such material, as Franchisor may from time to time reasonably direct or approve in writing; and to not display in or upon the Kidokinetics Business Location or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects, including signs and advertising media which have been outdated. Upon giving Franchisee notice of its objection to same or upon termination of this Agreement, Franchisor may at any time enter upon the Kidokinetics Business Location or elsewhere and remove any objectionable or non-approved signs or advertising media and keep or destroy same without reimbursing Franchisee or without being deemed guilty of trespass or any other tort;
- 11.1.9. Conduct all advertising programs in a dignified manner that will not detract from the reputation of the System or the Marks;
- 11.1.10.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics has the right to terminate the Franchise Agreement if the franchisee uses any equipment, vehicles, or products that do not conform to the standards and specifications required by Kidokinetics. This also applies if the franchisee fails to obtain any equipment required by Kidokinetics or purchases from suppliers that have not been previously approved in writing by Kidokinetics.
In practical terms, this means a Kidokinetics franchisee must adhere strictly to the approved list of suppliers and the specifications for all equipment, vehicles, and products used in the business. Failure to do so can result in the termination of the franchise agreement. This provision is in place to ensure consistency and quality across all Kidokinetics franchises, protecting the brand's reputation and the integrity of the system.
Before purchasing or leasing from a supplier not already approved, a Kidokinetics franchisee must submit a written request for approval to Kidokinetics. Kidokinetics has the right to inspect the supplier's facilities and require samples for testing, either directly or through an independent laboratory. Kidokinetics will then decide, at its sole discretion, whether to approve the supplier. Kidokinetics will notify the franchisee of its decision within 60 calendar days after receiving all required information to evaluate the product or service.