On whom is the Goldfish Swim School agreement binding?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord shall make the Leased Premises through which a Franchised Swim School is operated available to GOLDFISH immediately upon notice from GOLDFISH.
- C.
Landlord further agrees to and acknowledges that the real estate subject to the Real Estate Lease shall be used solely for the Permitted Use (as defined below).
Landlord agrees to notify GOLDFISH in the event that Franchisee begins to use real estate in any other manner and Landlord shall consider such use as an event of default.
As used herein, the "Permitted Use" shall be only for the operation of a Goldfish Swim School pursuant to a Franchise Agreement or other license agreement with GOLDFISH and under a trade name approved by GOLDFISH as the same may change from time to time, specializing in providing swim lessons for babies and young children, as well as the sale of swim-related merchandise and offering a snack bar and retail area, and for ancillary office and storage space, all in accordance with the standards and procedures set forth from time to time in connection with the Goldfish Swim School franchise system.
The Permitted Use may be additional uses if such uses are from time to time permitted under the Franchise Agreement between GOLDFISH and Tenant.
- D.
Tenant is permitted to display those certain trademarks and service marks used in connection with the Goldfish Swim School franchise system (the "Goldfish Marks") on signage and throughout the interior and exterior of the Leased Premises, without Landlord's consent.
All such trademarks and service marks must be displayed in accordance with the standards, specifications, and quality control measures required by Franchisor.
Landlord shall in no manner whatsoever restrict Tenant's rights to use the Goldfish Marks.
- E.
On or before the expiration or earlier termination of this Lease, Tenant's restoration of the Leased Premises shall be limited solely to the following, which shall be at Tenant's sole cost and expense: to (i) removal of the then existing pool coping, (i) filling the then existing in-ground pool to its original condition with compacted sand or granular backfill; (ii) removal of the then existing above-grade pool related equipment; and (iii) properly capping and sealing any below grade pipes related to the pool system (collectively, the "Pool Restoration Obligation").
In the event that Tenant fails to perform the Restoration Obligation, Landlord
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
Based on the 2025 Goldfish Swim School Franchise Disclosure Document, several parties are bound by agreements related to the franchise. The Franchise Agreement itself primarily binds Goldfish Swim School Franchising LLC (the franchisor) and the franchisee. This agreement outlines the terms and conditions under which the franchisee operates a Goldfish Swim School.
Additionally, landlords of the properties where Goldfish Swim School locations are situated are also bound by certain agreements. Landlords must ensure that the leased premises are used solely for the operation of a Goldfish Swim School and must allow the tenant to display Goldfish Swim School trademarks and service marks. Upon termination of the lease, the landlord can require the tenant (franchisee) to restore the premises by removing pool-related equipment and filling the pool.
Furthermore, individuals associated with the franchisee, such as employees, are subject to non-solicitation agreements, preventing them from soliciting or inducing customers or business associates to compete against the Goldfish Swim School. These agreements extend for a period of two years after the termination of the individual's relationship with the franchisee. Therefore, the Goldfish Swim School franchise system involves binding agreements for franchisees, landlords, and individuals associated with the franchisee.