For a Goldfish Swim School franchise in Wisconsin, what document is amended by the language in the addendum?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
WISCONSIN MODIFICATIONS
The Securities commissioner of the State of Wisconsin requires that certain provisions contained in franchise documents be amended to be consistent with Wisconsin Fair Dealership Law, Wisconsin Statutes, Chapter 135 ("Fair Dealership Law"). To the extent that the Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
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- The Wisconsin Fair Dealership Law, among other things, grants You the right, in most circumstances, to ninety (90) days' prior written notice of non-renewal and sixty (60) days within which to remedy any claimed deficiencies. If the Agreement contains a provision that is inconsistent with the Wisconsin Fair Dealership Law, the provisions of the Agreement shall be superseded by the Law's requirements and shall have no force or effect.
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- The Wisconsin Fair Dealership Law, among other things, grants You the right, in most circumstances, to ninety (90) days' prior written notice of termination and sixty (60) days within which to remedy any claimed deficiencies. If the Agreement contains a provision that is inconsistent with the Wisconsin Fair Dealership Law, the provisions of the Agreement shall be superseded by the Law's requirements and shall have no force or effect.
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- If the Agreement requires that it be governed by a state's law, other than the State of Wisconsin, to the extent that any provision of the Agreement conflicts with the Wisconsin Fair Dealership Law such provision shall be superseded by the law's requirements.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the addendum for Wisconsin amends the Area Development Agreement. The language in the addendum is designed to ensure that the franchise agreement complies with the Wisconsin Fair Dealership Law, Wisconsin Statutes, Chapter 135.
Specifically, the addendum addresses potential inconsistencies between the standard Goldfish Swim School agreement and the Wisconsin Fair Dealership Law. Key provisions of this law, such as the right to 90 days' prior written notice of non-renewal and 60 days to remedy deficiencies, are highlighted. The addendum clarifies that if any part of the agreement conflicts with these legal protections, the Wisconsin Fair Dealership Law will take precedence.
This means that prospective Goldfish Swim School franchisees in Wisconsin will have the benefit of the state's dealership law, regardless of what the standard franchise agreement might say. The addendum also ensures that if the agreement is governed by the laws of a state other than Wisconsin, the Wisconsin Fair Dealership Law will still supersede any conflicting provisions. This provides an added layer of protection for franchisees operating in Wisconsin.