Can the 'Confidential Brand Standards Manual' for Goldfish Swim School be modified by the Franchisor?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to add to, delete from or otherwise modify or revise the Confidential Brand Standards Manual from time to time to reflect changes in the specifications, standards, operating procedures and rules prescribed by Franchisor (the "Supplements to the Confidential Brand Standards Manual"), all of which will be considered a part of the
Confidential Brand Standards Manual. All references to the Confidential Brand Standards Manual in this Agreement will include the Supplements to the Confidential Brand Standards Manual. Supplements to the Confidential Brand Standards Manual will become binding upon Franchisee as if originally set forth in the Confidential Brand Standards Manual, upon being delivered to Franchisee. The Confidential Brand Standards Manual and any Supplements to the Confidential Brand Standards Manual are material in that they will affect the operation of the Franchised Swim School, but they will not conflict with or materially alter Franchisee's rights and obligations under this Agreement. Franchisor may make such additions or modifications without prior notice to Franchisee. Franchisee shall immediately, upon notice, adopt any such changes and shall ensure that any printed copy of the Confidential Brand Standards Manual retained by Franchisee or Franchisee's employees is up-to-date at all times. If a dispute as to the contents of the Confidential Brand Standards Manual arises, the terms of the electronic copy of the Confidential Brand Standards Manual maintained by Franchisor shall be controlling.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, Goldfish Swim School has the right to modify the Confidential Brand Standards Manual from time to time. These modifications can reflect changes in specifications, standards, operating procedures, and rules. These changes are considered Supplements to the Confidential Brand Standards Manual.
The Supplements to the Confidential Brand Standards Manual become binding upon the franchisee once delivered, as if they were originally part of the manual. While these supplements can affect the operation of the franchised swim school, they will not conflict with or materially alter the franchisee's rights and obligations under the agreement. Goldfish Swim School can make these additions or modifications without prior notice to the franchisee.
Upon receiving notice of any changes, the franchisee must immediately adopt them and ensure that any printed copies of the manual are up-to-date. In case of a dispute regarding the contents of the manual, the terms of the electronic copy maintained by Goldfish Swim School will be controlling. This ensures that all franchisees adhere to the most current standards and procedures set by the franchisor.