What assistance must a franchisee provide to Goldfish Swim School in obtaining intellectual property rights?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
All ideas, concepts, techniques or materials concerning the franchised swim school and/or the System, whether or not protectable intellectual property and whether created by or for you or your owners or employees, must be promptly disclosed to us and will be our sole and exclusive property and a part of the System that we may choose to adopt and/or disclose to other franchisees, and you agree to assign to us all right, title and interest in any intellectual property so developed. Likewise, we will disclose to you concepts and developments of other franchisees that we make part of the System. You must also assist us in obtaining intellectual property rights in any concept or development if requested.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 51–52)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, franchisees have a responsibility to assist Goldfish Swim School in securing and maintaining intellectual property rights. Franchisees must promptly disclose any ideas, concepts, techniques, or materials related to the franchised swim school or the Goldfish Swim School system, regardless of whether they are protectable or created by the franchisee, their owners, or employees. These must be disclosed to Goldfish Swim School, and the franchisee must assign all rights, titles, and interests in any developed intellectual property to Goldfish Swim School.
Goldfish Swim School may choose to adopt and/or disclose these concepts to other franchisees. Franchisees are also obligated to assist Goldfish Swim School in obtaining intellectual property rights for any concept or development if requested. This includes signing any assignment or other document as Goldfish Swim School requests to assist them in obtaining or preserving intellectual property rights in the item.
This requirement ensures that Goldfish Swim School maintains control over its brand and system innovations. It also allows Goldfish Swim School to share beneficial developments among its franchisees, enhancing the overall system. Failure to comply with these requirements can be considered a default of the Franchise Agreement, potentially leading to termination.