Does the Goldfish Swim School developer have any rights with respect to Other Concepts?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. We expressly reserve the right, and Developer acknowledges that we have the exclusive unrestricted right, to engage, directly and indirectly, through its employees, developers, franchisees, licensees, agents and others within the Territory, in Other Concepts. Such Other
Concepts may compete with Developer directly or indirectly. Developer shall have no rights with respect to Other Concepts.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the developer has no rights regarding "Other Concepts." Goldfish Swim School explicitly reserves the right to engage in "Other Concepts" directly or indirectly within the developer's territory through its employees, developers, franchisees, licensees, agents, and others. These "Other Concepts" may compete with the developer.
This means that while a developer is granted rights to develop and operate Goldfish Swim School locations within a specific territory, Goldfish Swim School retains the freedom to pursue other business ventures, even if they compete with the developer's Goldfish Swim School business. This could include different types of swim schools or related services offered under a different brand or system.
For a prospective developer, this clause represents a potential risk. While they are granted a territory for Goldfish Swim School development, there is no guarantee that Goldfish Swim School will not introduce competing concepts within that same territory. It is important for potential developers to fully understand the scope of these "Other Concepts" and how they might impact their investment and business operations. This should be a point of discussion with the franchisor during the due diligence process to assess the potential competitive landscape.