Must the Goldfish Swim School franchise always be under the direct supervision of a Designated Manager?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
TICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS**
The franchised swim school must always be under the direct, full-time, day-to-day supervision of a Designated Manager or on-site general manager if different from the Designated Manager, who is certified and approved by us. If you are an individual, we may require you to be the Designated Manager of the franchise. If we require you to be the Designated Manager, you must request our consent to select another individual to replace you as the Designated Manager or on-site general manager. If you are a corporation or other business entity, you will select a Designated Manager for the franchise that we approve on an annual basis, but is not required to be an owner of the franchised business entity. The Designated Manager must attend and satisfactorily complete our initial training program before opening the Franchised Swim School. You must keep us informed at all times of the identity of your Designated Manager and on-site general manager if different from the Designated Manager. If you must replace the Designated Manager or on-site general manager, your replacement must attend and satisfactorily complete our initial training program. You must also designate a Designated Manager who is responsible for oversight of the Franchised Swim School, bind you related to the operations of the Franchised Swim School, and be the sole point of contact between us and you as provided in the Franchise Agreement. You must also designate a Control Person who is responsible for being the sole point of contact for all legal communications or notices and be designated with the authority to bind you. You must also designate one of your owners as a Marketing Lead who is responsible for all marketing, advertising, and sales activities at your Franchised Swim School.
As described in ITEM 14, certain individuals associated with your franchised swim school, including your owners (and members of their immediate families and households), officers, directors, partners, your Designated Managers, on-site general manager, other managers, and executives are required to sign nondisclosure and non-competition agreements the same as or similar to the Nondisclosure and Non-Competition Agreement attached to the Franchise Agreement. We will be a third-party beneficiary with the independent right to enforce the agreements.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 53)
What This Means (2025 FDD)
According to Goldfish Swim School's 2025 Franchise Disclosure Document, the franchised swim school must always be under the direct supervision of a Designated Manager or an on-site general manager approved and certified by Goldfish Swim School. The Designated Manager can be the franchisee if the franchisee is an individual, but Goldfish Swim School may require this. If the franchisee is a corporation or other business entity, they will select a Designated Manager subject to Goldfish Swim School's approval.
The Designated Manager must complete the initial training program before the swim school opens. Goldfish Swim School must be kept informed of the identities of the Designated Manager and the on-site general manager. Replacements for either role must also complete the initial training program. The Designated Manager is responsible for overseeing the swim school's operations, binding the franchisee in matters related to those operations, and serving as the primary contact between the franchisee and Goldfish Swim School.
In addition to the Designated Manager, franchisees must also designate a Control Person, who will be the point of contact for all legal communications and notices and have the authority to bind the franchisee legally. They must also designate a Marketing Lead from among the owners, who will be responsible for all marketing, advertising, and sales activities at the swim school. The Designated Manager and on-site general manager must devote their full time and attention to the successful operation of the Franchised Swim School.