Is the Goldfish Swim School agreement considered a Franchise Agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The Goldfish Swim School Franchising LLC Franchise Agreement (with exhibits) is attached to this Disclosure Document as Exhibit C.
The Goldfish Swim School Franchising LLC General Release is attached to the Franchise Agreement as Exhibit 1.
The Goldfish Swim School Franchising LLC Nondisclosure and Non-Competition Agreement is attached to the Franchise Agreement as Exhibit 2.
The Goldfish Swim School Franchising LLC Unlimited Guaranty and Assumption of Obligations is attached to the Franchise Agreement as Exhibit 3.
The Goldfish Swim School Franchising LLC Conditional Assignment of Lease is attached to the Franchise Agreement as Exhibit 6.
The Goldfish Swim School Franchising LLC Option to Purchase is attached to the Franchise Agreement as Exhibit 7.
The Goldfish Swim School Franchising LLC Telephone Number Assignment is attached to the Franchise Agreement as Exhibit 8.
The Goldfish Swim School Franchising LLC EFT Authorization is attached to the Franchise Agreement as Exhibit 9.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, the agreement between Goldfish Swim School Franchising LLC and its franchisees is indeed a Franchise Agreement. The FDD explicitly mentions the "Goldfish Swim School Franchising LLC Franchise Agreement" and includes it as Exhibit C to the Disclosure Document. This agreement outlines the terms and conditions under which franchisees operate their Goldfish Swim School locations.
Several other related agreements are attached as exhibits to the Franchise Agreement, such as the General Release, Nondisclosure and Non-Competition Agreement, Unlimited Guaranty and Assumption of Obligations, Conditional Assignment of Lease, Option to Purchase, Telephone Number Assignment, and EFT Authorization. These additional agreements further define the legal and operational relationship between Goldfish Swim School and its franchisees.
The existence of a detailed Franchise Agreement, along with supporting documents, is standard practice in the franchising industry. It ensures that both the franchisor and franchisee understand their rights and obligations, contributing to a more stable and predictable business relationship. Prospective franchisees should carefully review all these documents with legal counsel to fully understand their commitments and the franchisor's expectations.