What approvals must a Developer obtain for each Goldfish Swim School location?

• C. We make no representation or warranty as to the number of Swim schools that can be operated in the Territory. Developer assumes all cost, liability, expense, risk and responsibility for locating, obtaining, and developing Locations for Swim schools, and for constructing and equipping Swim schools at such Locations. Developer shall obtain our approval to each Location (including, without limitation, the Trademarks which shall be used to identify the Swim school at the Location to the public) pursuant to the time frames set forth in the applicable Franchise Agreement so that Developer maintains compliance with the Development Schedule, including submission of our then-existing Location selection criteria and procedures including:
• (1) selecting a real estate professional ("Real Estate Broker") that has been selected by Developer for site selection for the next Goldfish Swim School to be developed under this Agreement, which Real Estate Broker is subject to approval of Franchisor in its sole discretion no later than eight (8) months prior to the Occupancy Contract Date set forth in the Development Schedule (the "Broker Engagement Date"). Developer acknowledges and agrees that Franchisor reserves the right to designate to Developer a preferred Real Estate Broker to be used by Developer in connection with its location search for its next Goldfish Swim School location. After approval of said Real Estate Broker, the Developer covenants and agrees that the Developer shall, and shall cause its Real Estate Broker to, complete and actively participate in any and all site selection update requests of the Franchisor, including completing any and all forms or documents requested by Franchisor on the timelines requested by Franchisor and actively participating in any requested teleconference updates requested by Franchisor;
  • (2) timely submission of all Development Materials to us; and
• (3) with respect to each Swim school to be developed hereunder, completion of one (1) Location visit by us at our sole cost and expense, if we require.
• (4) You must not be in default of this Agreement, any Franchise Agreement entered into pursuant to this Agreement or any other agreement between you and any of your affiliates and us or any of our affiliates. You must have satisfied on a timely basis all monetary and material obligations under the Franchise Agreements for all existing Swim schools.

Time is of the essence.

Source: Item 22 — CONTRACTS (FDD pages 76–77)