What is the definition of 'Marks' as it pertains to the Goldfish Swim School franchise agreement?

According to the 2025 Goldfish Swim School FDD, the term 'Marks' encompasses a range of identifiers associated with the Goldfish Swim School brand. This includes the service mark "Goldfish Swim School®" itself, along with other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols. These Marks are designated by the company for use in connection with Goldfish Swim Schools.

For a prospective franchisee, understanding the scope of 'Marks' is crucial because it defines the branding elements they are authorized and required to use. This ensures consistency across all Goldfish Swim School locations, contributing to brand recognition and customer loyalty. The franchisee must adhere to the company's guidelines when using these Marks, maintaining the standards and quality control measures set by Goldfish Swim School.

The franchisor has the right to modify these marks. Goldfish Swim School can introduce new or modified Marks, impacting how the franchisee presents the brand. Franchisees are obligated to accept and implement these changes within 30 days of written notice, bearing the costs of any necessary updates to signage, marketing materials, or other branded items. This ensures that all franchise locations remain aligned with the current brand image and standards of Goldfish Swim School.