Does the Goldfish Swim School agreement grant rights to the System or Trademarks to the Developer or any Principal?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
H. This Agreement is not a Franchise Agreement and you have no right to use in any manner the Trademarks by virtue of this Agreement. You have no right under this Agreement to sublicense or subfranchise others to operate a business or Swim school or use the System or Trademarks.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the agreement does not grant the Developer or any Principal the right to use the Trademarks or System in any manner. The Developer's rights are strictly limited to developing and operating Goldfish Swim School locations within a specific territory, as outlined in the agreement. The agreement explicitly states that it is not a Franchise Agreement and does not grant any rights to sublicense or subfranchise the System or Trademarks to others.
Goldfish Swim School retains exclusive rights to advertise or use the Marks on the Internet, including websites, domain names, and other forms of electronic commerce. While franchisees may be requested to provide content for the franchisor's Internet marketing, the franchisor maintains sole ownership of the copyrights to all material on any website they establish. This ensures consistent brand management and control over the online presence of Goldfish Swim School.
Upon termination or expiration of the agreement, all rights granted to the developer automatically terminate. The developer must cease operating under the agreement and cannot represent themselves as a current or former developer of Goldfish Swim School. They must also take necessary actions to cancel or assign any assumed name registrations containing the Goldfish Swim School name or trademarks to the franchisor. This further emphasizes the limited and temporary nature of the rights granted to the developer and the franchisor's strict control over its brand and intellectual property.