What is the Franchisee granted the right to do with the Goldfish Swim School system and marks?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor grants to qualified persons and business entities the right to own and operate a Goldfish Swim School using the System and the Marks; and
WHEREAS, Franchisee desires to operate a Goldfish Swim School, has applied for the Franchise and such application has been approved by Franchisor in reliance upon all of the representations made herein and therein; and
WHEREAS, Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, operations and service and the necessity of operating the Franchised Swim School in strict conformity with Franchisor's System.
Tenant is permitted to display those certain trademarks and service marks used in connection with the Goldfish Swim School franchise system (the "Goldfish Marks") on signage and throughout the interior and exterior of the Leased Premises, without Landlord's consent.
All such trademarks and service marks must be displayed in accordance with the standards, specifications, and quality control measures required by Franchisor.
Landlord shall in no manner whatsoever restrict Tenant's rights to use the Goldfish Marks.
Except as otherwise provided herein, upon termination or expiration, this Agreement and all rights granted hereunder to Franchisee shall terminate and Franchisee shall:
- 17.1.1 immediately cease to operate the Franchised Swim School and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor;
- 17.1.2 cease to use the Trade Secrets, Confidential Information, the System and the Marks including, without limitation, all signs, slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks;
- 17.1.3 take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name "Goldfish Swim School®" or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;
Franchisee also acknowledges that a fundamental requirement of the System, this Agreement, and other Goldfish Swim School franchises is adherence by all franchisees to the Company's uniform standards and policies, except for certain regional or individual differences we may from time to time approve or require. Franchisee acknowledges and agrees that it shall strictly comply and shall cause the Franchised Swim School and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Confidential Brand Standards Manual or other communications supplied to Franchisee by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, franchisees are granted the right to operate a Goldfish Swim School using the company's established system and trademarks. This system includes uniform standards for business operations, marketing strategies, customer service protocols, design and construction techniques, and the use of the Confidential Brand Standards Manual. Franchisees must strictly adhere to all requirements, specifications, standards, operating procedures, and rules outlined in the Franchise Agreement, the Confidential Brand Standards Manual, and any other communications from Goldfish Swim School.
Specifically, franchisees are permitted to display Goldfish Swim School trademarks and service marks on signage and throughout the interior and exterior of their leased premises without needing the landlord's consent. However, the display of these marks must comply with the standards, specifications, and quality control measures required by Goldfish Swim School. The landlord is prohibited from restricting the franchisee's right to use these marks.
Upon termination or expiration of the franchise agreement, the franchisee must immediately cease operating the Goldfish Swim School and discontinue using the trade secrets, confidential information, the system, and the marks. This includes all signs, slogans, logos, advertising materials, and any other items associated with the marks. The franchisee must also take necessary actions to cancel or assign any assumed name registrations containing "Goldfish Swim School®" or any other mark to the franchisor.