Who is the Goldfish Swim School agreement binding upon?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
22.7 Entire Agreement
This Agreement, its exhibits and the documents referred to herein shall be construed together and constitute the entire, full and complete agreement between Franchisor and Franchisee concerning the subject matter hereof and shall supersede all prior agreements. No other representation, oral or otherwise, has induced Franchisee to execute this Agreement, and there are no representations (other than those within Franchisor's Goldfish Swim School Franchising LLC Disclosure Document), inducements, promises or agreements, oral or otherwise, between the parties not embodied herein, which are of any force or effect with respect to the matters set forth in or contemplated by this Agreement or otherwise. No amendment, change or variance from this Agreement shall be binding on either party unless executed in writing by both parties. Nothing in this Agreement, however, is intended to disclaim the representations we made in the franchise disclosure document that we furnished to you.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
The 2025 Goldfish Swim School Franchise Agreement outlines the complete understanding between the franchisor and the franchisee. According to the FDD, the franchise agreement, along with its exhibits and referenced documents, represents the entire agreement between Goldfish Swim School Franchising, LLC (the franchisor) and the franchisee. This means that both parties are legally bound by the terms and conditions outlined within these documents.
Goldfish Swim School emphasizes that no other representations, whether oral or otherwise, have influenced the franchisee to enter into the agreement, except for those within the Franchise Disclosure Document itself. This clause aims to prevent disputes arising from misunderstandings or unwritten promises made during the franchise sales process. It also states that any modifications or changes to the agreement must be in writing and signed by both the franchisor and the franchisee to be considered valid and binding.
This "entire agreement" clause is a standard provision in franchise agreements. It protects both Goldfish Swim School and the franchisee by ensuring that all obligations and expectations are clearly defined in writing. Prospective franchisees should carefully review the entire agreement, including all exhibits and referenced documents, to fully understand their rights and responsibilities before signing. It is also recommended that franchisees seek legal counsel to review the agreement and ensure they understand the terms and conditions.