factual

Does Kidokinetics warrant that its software will be uninterrupted or error-free?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

IN ADDITION, FRANCHISOR SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY WAY RELATED TO WORK PERFORMED BY CONSULTANTS OR OTHER PROFESSIONALS USING SCHEDULING OR ANY CUSTOMIZED SOFTWARE, REGARDLESS OF ANY PERMISSION, APPROVAL OR

ACCEPTANCE OF ACCOUNTANTS OR OTHERS BY FRANCHISOR. FRANCHISOR SHALL ALSO HAVE NO LIABILITY FOR INADVERTENT INTERRUPTION, DISABLING, OR UPDATE OF THE PROPRIETARY SOFTWARE.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, Kidokinetics does not guarantee that its proprietary software, including the KIDOLINK Software, will be uninterrupted or error-free. In fact, Kidokinetics explicitly states it will not be held liable for inadvertent interruptions, disabling, or updates to the software.

This means a franchisee could experience disruptions in their Kidokinetics business operations due to software issues, and Kidokinetics will not be responsible for any resulting damages. The franchisee bears the risk of these potential software-related problems. This is a significant consideration, as the software is used for scheduling, accounting, and inventory management, all critical functions for running the business.

Furthermore, Kidokinetics can disable the KIDOLINK Software if a franchisee breaches the Franchise Agreement or fails to make required payments. Franchisees will not receive a refund of any payments made to Kidokinetics if the software is disabled. The FDD also states that all data and information input and stored in the KIDOLINK Software is the sole and exclusive property of Kidokinetics.

Prospective franchisees should carefully consider these factors and the potential impact of software disruptions on their business. It would be prudent to inquire with Kidokinetics about the frequency and nature of past software issues, as well as the support and backup systems in place to mitigate any disruptions. Understanding the potential risks and the franchisor's response plan is crucial for making an informed investment decision.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.