What documents is a Goldfish Swim School franchisee required to execute at the request of Goldfish?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Execution of the Documents. Franchisee hereby agrees to execute any and all documents requested by GOLDFISH in order to fully exercise any of the rights under the Real Estate Lease or this Agreement. If Franchisee shall not have executed any such document within the three (3) days after having been so requested by GOLDFISH, Franchisee hereby appoints any member or officer of GOLDFISH as its attorney-in-fact with the full right and power to execute any and all such documents.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, franchisees must execute documents requested by Goldfish Swim School to exercise its rights under the Real Estate Lease or the Franchise Agreement. If a franchisee fails to execute these documents within three days of the request, Goldfish Swim School is authorized to appoint a member or officer of Goldfish as the franchisee's attorney-in-fact to execute the documents.
This requirement ensures that Goldfish Swim School can fully enforce its rights and maintain control over the franchise operations and the leased premises. It covers any documents necessary for Goldfish Swim School to act under the Real Estate Lease or the Franchise Agreement. This could include documents related to property modifications, lease assignments, or compliance with franchise standards.
This provision gives Goldfish Swim School significant power to act on behalf of the franchisee if the franchisee does not comply with document execution requests. The franchisee bears the risk of having Goldfish Swim School personnel act as their attorney-in-fact, potentially binding them to agreements they might not otherwise enter into willingly. Franchisees should be aware of this clause and promptly address any document requests from Goldfish Swim School to avoid this situation.