What were the brand fund fees for Goldfish Swim School in 2022?

the following fiscal year(s) shall be made first out of such excess amounts, including any interest or other earnings of the Brand Fund, and next out of prior year contributions and then out of current contributions.

• 11.3.4 Although Franchisor intends the Brand Fund to be of perpetual duration, Franchisor has the right to terminate the Brand Fund at any time. The Brand Fund shall not be terminated, however, until all Brand Fund Contributions have been expended for advertising and promotional purposes or returned to Franchisee and other franchisees on a pro rata basis based on total Brand Fund Contributions made in the aggregate by each franchisee.
• 11.3.5 Each Goldfish Swim School operated by Franchisor or an Affiliate shall make Brand Fund Contributions at the same rate as Goldfish Swim School franchisees.
• 11.3.6 An accounting of the operation of the Brand Fund shall be prepared annually and shall be available to Franchisee upon request. Franchisor retains the right to have

the Brand Fund reviewed or audited and reported on, at the expense of the Brand Fund, by an independent certified public accountant selected by Franchisor.

11.3.7 Franchisee acknowledges that the Brand Fund is not a trust and Franchisor assumes no fiduciary duty in administering the Brand Fund. There is no fiduciary or trust relationship created by Franchisor's or its affiliate's administering the Brand Fund. Franchisor anticipates all franchisees will contribute to the Brand Fund, although there is no prohibition against Franchisor charging higher or lower rates for future franchisees. Franchisor also may forgive, waive, settle, or compromise claims by or against the Brand Fund. Franchisor may defer or reduce a franchisee's contribution based on the peculiarities of a particular territory or circumstance, existing business practices, or other factors that Franchisor deems to be important to the operation of any franchised swim school or the System. If Franchisor terminates the Brand Fund, Franchisor or its affiliate will distribute all unused monies to the contributors in proportion to their respective contributions during a pre-determined period.

11.4 Cooperative Advertising

Franchisor has the right, but not the obligation, to create a Cooperative Advertising program for the benefit of Goldfish Swim Schools located within a particular region, so long as at least 50% of the franchisees in that region agree to the formation of such advertising cooperative. The level of your cooperative advertising contribution will be determined by the cooperative, of which you will be a voting member, but that amount may exceed your minimum local advertising obligation under the Franchise Agreement, but in no event will it exceed 5% of gross sales. Your contributions to the advertising cooperative in your region will satisfy your local advertising obligations, so long as they meet the minimum local advertising obligations otherwise contained in this Agreement. Franchisor has the right to determine the composition of all geographic territories and market areas for the implementation of each Cooperative Advertising program and to require that Franchisee participate in such Cooperative Advertising programs when established within Franchisee's region, regardless of Franchisee's position on the formation of such advertising cooperative. If a Cooperative Advertising program is implemented in a particular region, an advertising council of franchisees in that region will be selected to selfadminister the Cooperative Advertising program. Franchisee shall participate in the council according to the council's rules and procedures and Franchisee shall abide by the council's decisions. Nevertheless, Franchisor reserves the right, but not the obligation, to change, dissolve or merge such program(s) and/or council(s) at any time.

Source: Item 23 — RECEIPTS (FDD pages 77–389)