Does Kidokinetics warrant that its software will adhere to any quality standards?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Proprietary Software
may conduct, among other things, scheduling, accounting, inventory, and related activities. Franchisee must obtain the computer hardware necessary to implement the Proprietary Software into the Kidokinetics Business, and comply with all specifications and standards prescribed by Franchisor regarding the Proprietary Software as provided in the Franchise Operations Manual. This Proprietary Software will be Franchisor's proprietary product, and the information collected therefrom will be deemed Franchisor's confidential information. Franchisee agrees to sign Franchisor's then-current form of software license agreement for any Proprietary Software Franchisor may now or in the future create, pay any license fees associated with use of Proprietary Software, and upgrade the Proprietary Software as Franchisor designates.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, there is no explicit warranty or guarantee regarding the quality standards of the proprietary software that franchisees are required to use. However, Kidokinetics does mandate that franchisees comply with all specifications and standards prescribed by Kidokinetics regarding the proprietary software, as detailed in the Franchise Operations Manual.
Kidokinetics requires franchisees to obtain the necessary computer hardware to implement the proprietary software and to adhere to the standards outlined in the Franchise Operations Manual. Franchisees must also sign a software license agreement, pay associated license fees, and upgrade the software as Kidokinetics directs. The software itself remains Kidokinetics's proprietary product, and all information collected through it is considered confidential information belonging to Kidokinetics.
Prospective franchisees should note that they are obligated to use Kidokinetics's proprietary software for scheduling, accounting, inventory, and related activities. While the FDD does not provide explicit warranties, it emphasizes compliance with Kidokinetics's standards and specifications. Therefore, it would be prudent for potential franchisees to discuss software quality, potential issues, and support directly with Kidokinetics before signing the agreement.