Where can I find the definition of terms used in the Goldfish Swim School Franchise Agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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RECITALS
WHEREAS, Franchisor and its Affiliate\* have developed, and are in the process of further developing, a System identified by the service mark "Goldfish Swim School®" and relating to the establishment and operation of a swim school that provides specialized quality swim instruction and superior customer service to its clients. The Franchise aims to service local markets by offering group and private swim lessons as well as birthday parties, open swim times, swim clinics and many other aquatic activities to children under the age of nine (9) years old in a fun and colorful environment. The Franchise will also service its clients by offering a snack bar and retail area, referred to as "Goldfish Swim Schools;" and
WHEREAS, in addition to the service mark "Goldfish Swim School®" and certain other Marks, the distinguishing characteristics of the System include: uniform standards and procedures for efficient business operations; procedures and strategies for marketing, advertising and promotion; customer service and development, design and construction techniques; distinctive interior and exterior design, layout and décor; other strategies, techniques and Trade Secrets and other Confidential Information; and the Confidential Brand Standards Manual; and
WHEREAS, Franchisor grants to qualified persons and business entities the right to develop a number of Goldfish Swim School locations using the System and the Marks within a specified Territory and within a certain period of time or Development Schedule;
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the definitions of terms used in the Franchise Agreement are found in Section 1 of the agreement. Specifically, Item 23 states that capitalized terms not otherwise defined are defined in Section 1.
The Franchise Agreement specifies the meanings of various terms to ensure clarity and avoid ambiguity in the contractual relationship between Goldfish Swim School Franchising LLC (the Franchisor) and the Franchisee. These definitions cover a range of concepts relevant to the franchise operation, such as "Affiliate," "Agreement," "Approved Location," "Competitive Business," and "Confidential Information."
For example, the definition of "Competitive Business" clarifies what constitutes a business that competes with Goldfish Swim School. Similarly, the definition of "Confidential Information" outlines the proprietary information that the franchisee must protect. Understanding these definitions is crucial for a prospective franchisee to fully grasp their rights and obligations under the Franchise Agreement.
The definitions section also includes financial terms like "Gross Sales," which is essential for calculating royalties and other payments to Goldfish Swim School. By providing clear definitions, the Franchise Agreement aims to minimize potential disputes and ensure a consistent understanding of the terms governing the franchise relationship.