What is a Goldfish Swim School developer required to do in the event of a claim against them by one or more of Goldfish Swim School's indemnitees?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a claim of any one or more of Our Indemnitees against Developer, Developer shall, on our request, assign to us any and all rights which Developer then has or thereafter may have with respect to such claim against the insurer(s) providing the coverage described in this Section.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, if one or more of Goldfish Swim School's indemnitees files a claim against a developer, the developer is required, upon Goldfish Swim School's request, to assign any and all rights they have or may have regarding the claim against their insurer to Goldfish Swim School.
This means that Goldfish Swim School can pursue the claim directly with the developer's insurance company. This provision is designed to protect Goldfish Swim School from liability and ensure they can recover damages quickly and efficiently.
This requirement is tied to the insurance coverage the developer is obligated to maintain, and it ensures that Goldfish Swim School has direct access to those insurance funds in case of a claim. It is important for prospective developers to understand this obligation and ensure they have adequate insurance coverage to meet these requirements.