Can the Goldfish Swim School agreement be waived, altered, or rescinded orally?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppels to enforce our rights with respect to that or any other or subsequent breach.
This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the franchise agreement cannot be waived, altered, or rescinded through oral communication. The agreement explicitly states that any changes must be documented in writing and signed by both the franchisee and Goldfish Swim School. This requirement ensures that all modifications are formally agreed upon and legally binding, preventing misunderstandings or disputes based on verbal agreements.
This provision is typical in franchise agreements, as it provides clarity and legal protection for both parties. By requiring written documentation, Goldfish Swim School ensures that there is a clear record of any changes to the original agreement. This protects the interests of both the franchisee and the franchisor by avoiding ambiguity and providing a reference point in case of disagreements.
For a prospective Goldfish Swim School franchisee, this means that any promises or assurances made by the franchisor that are not included in the written agreement or a signed amendment are not legally enforceable. It is crucial for franchisees to ensure that all agreed-upon terms, modifications, or waivers are documented in writing and properly signed to avoid potential issues in the future. This clause reinforces the importance of carefully reviewing the franchise agreement and seeking legal counsel to fully understand its implications.