Where can I find information about transferring a Goldfish Swim School franchise agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The Goldfish Swim School Franchising LLC Franchise Agreement (with exhibits) is attached to this Disclosure Document as Exhibit C.
EXHIBIT H TO DISCLOSURE DOCUMENT
FRANCHISEE DISCLOSURE QUESTIONNAIRE
As you know, Goldfish Swim School Franchising LLC and you are preparing to enter into a Franchise Agreement for the operation of a Franchised Swim School. In this Franchisee Disclosure Questionnaire, Goldfish Swim School Franchising LLC will be referred to as "we" or "us." The purpose of this Questionnaire is to determine whether any statements or promises were made to you that we did not authorize and that may be untrue, inaccurate or misleading.
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- In recognition of the requirements of the Hawaii Franchise Investment Law, Hawaii Revised Statutes, Title 26, Chapter 482E et. seq, the Area Development Agreement for Goldfish Swim School Franchising, LLC is amended as follows:
- The Hawaii Franchise Investment Law provides you rights concerning nonrenewal, termination and transfer of the Franchise Agreement. If the Agreement, and more specifically Sections 10 and 19 contain a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Section 8 requires Developer to sign a general release as a condition of renewal or transfer of the Franchise. Such release shall exclude claims arising under the Hawaii Franchise Investment Law.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, Exhibit C contains the Franchise Agreement, which would include information about transferring a franchise agreement.
Additionally, in Exhibit H, the Franchisee Disclosure Questionnaire, Goldfish Swim School states that the franchisee is preparing to enter into a Franchise Agreement for the operation of a Franchised Swim School. This questionnaire aims to determine if any unauthorized statements or promises were made to the franchisee that may be untrue, inaccurate, or misleading.
Finally, the addendum to the Area Development Agreement for Goldfish Swim School in Hawaii states that the Hawaii Franchise Investment Law provides rights concerning the transfer of the Franchise Agreement. It also notes that Section 8 requires the Developer to sign a general release as a condition of renewal or transfer of the Franchise, excluding claims arising under the Hawaii Franchise Investment Law. Therefore, prospective franchisees should carefully review Exhibits C and H, as well as any state-specific addenda, and consult with Goldfish Swim School and legal counsel to fully understand the conditions and implications of transferring a franchise agreement.