What affirmative actions must a Goldfish Swim School franchisee take to present themselves to the public?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided herein, upon termination or expiration, this Agreement and all rights granted hereunder to Franchisee shall terminate and Franchisee shall:
- 17.1.1 immediately cease to operate the Franchised Swim School and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor;
- 17.1.2 cease to use the Trade Secrets, Confidential Information, the System and the Marks including, without limitation, all signs, slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks;
- 17.1.3 take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name "Goldfish Swim School®" or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, upon termination or expiration of the Franchise Agreement, a franchisee must take specific actions regarding how they present themselves to the public. The franchisee must immediately cease operating the Goldfish Swim School and must not represent themselves as a current or former franchisee. This means they cannot imply any ongoing affiliation with the Goldfish Swim School brand.
Furthermore, the franchisee is required to stop using all Trade Secrets, Confidential Information, the System, and the Marks associated with Goldfish Swim School. This includes removing all signs, slogans, symbols, logos, advertising materials, stationery, forms, and any other items that display or are associated with the Goldfish Swim School Marks. This ensures that the public does not mistakenly associate the terminated franchise with the Goldfish Swim School brand.
Additionally, the franchisee must take necessary actions to cancel or assign to Goldfish Swim School any assumed name or equivalent registration filed with state, city, or county authorities that contains the name "Goldfish Swim School®" or any other Mark. The franchisee must provide evidence of compliance with this obligation within 30 days after the termination or expiration of the agreement. This prevents the franchisee from continuing to operate under a name that could be confused with the Goldfish Swim School brand, thereby protecting the brand's identity and reputation.