For a Goldfish Swim School franchise, does the franchisee have the right to terminate the franchise agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise or Other Agreement | Summary |
|---|---|---|
| i. Franchisee's obligations on termination/non renewal | Section 17.1 | If the Franchise Agreement is terminated or not renewed, you must: stop operating the franchised swim school; stop using any trade secrets, confidential information, the System and the Marks; if requested, assign your interest in the franchise location to us; cancel or assign to us any assumed names; pay all sums owed to us including damages and costs incurred in enforcing the Franchise Agreement; return the Confidential Brand Standards Manual, trade secrets and all other confidential information; assign your telephone and facsimile numbers to us; comply with the covenants not to compete and any other surviving provisions of the Franchise Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 54–64)
What This Means (2025 FDD)
The 2025 Goldfish Swim School Franchise Disclosure Document outlines specific obligations a franchisee must adhere to if the Franchise Agreement is terminated or not renewed. According to the FDD, the franchisee is obligated to cease operating the Goldfish Swim School, discontinue the use of any trade secrets, confidential information, the System, and the Marks.
Additionally, upon termination or non-renewal, Goldfish Swim School may request the franchisee to assign their interest in the franchise location to them. The franchisee must also cancel or assign any assumed names to Goldfish Swim School and pay all outstanding sums, including damages and costs incurred while enforcing the Franchise Agreement. Furthermore, the franchisee is required to return the Confidential Brand Standards Manual, trade secrets, and all other confidential information.
Other obligations include assigning telephone and facsimile numbers to Goldfish Swim School and complying with the covenants not to compete and any other surviving provisions of the Franchise Agreement. These stipulations ensure the protection of Goldfish Swim School's brand, system, and confidential information, even after the franchise relationship concludes.