Who designates the Designated Area or Area of Primary Responsibility for a Goldfish Swim School franchise?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall receive a territory called the Designated Area or "Area of Primary Responsibility" as determined by Franchisor and described and depicted in the map in Exhibit 10 to this Agreement. If at the time of execution of this Agreement, the Approved Location is not available, when the Approved Location is determined, its address shall be inserted into Exhibit 10 to this Agreement and Franchisor will determine in its sole discretion the Area of Primary Responsibility and insert that description into Exhibit 10. Franchisee will operate the Franchised Swim School in the designated Area of Primary Responsibility. As long as this Agreement is in full force and effect and Franchisee is not in default under any of the terms hereof, Franchisor will not establish other franchised or company-owned swim schools using the System with a physical location in your Area of Primary Responsibility. Franchisee's rights in the Area of Primary Responsibility are subject to Franchisor's rights articulated in Section 2.7.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, the franchisor, Goldfish Swim School, determines the Designated Area or Area of Primary Responsibility for a franchisee. This area is described and depicted in a map in Exhibit 10 of the Franchise Agreement.
If the Approved Location for the swim school is not available when the Franchise Agreement is executed, Goldfish Swim School will determine the Area of Primary Responsibility in its sole discretion once the Approved Location is determined. The address of the Approved Location and the description of the Area of Primary Responsibility will then be inserted into Exhibit 10 of the Franchise Agreement.
The franchisee is required to operate the Franchised Swim School within this designated Area of Primary Responsibility. As long as the Franchise Agreement remains in effect and the franchisee is not in default, Goldfish Swim School will not establish other franchised or company-owned swim schools using the same system with a physical location inside the franchisee's Area of Primary Responsibility. However, these rights are subject to the franchisor's rights as outlined in Section 2.7 of the agreement.