Are Goldfish Swim School franchisees required to indemnify for crimes committed on or near the premises?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (7) Any personal injury, death or property damage suffered by any customer, visitor, operator, employee or guest of the Swim schools or construction site; crimes committed on or near any of the premises, facilities of the Swim schools or vehicles used in the operation of your Swim school; all acts, errors, neglects or omissions engaged in by you, your contractors or subcontractors, as well as any third party, arising out of or related to the design, construction, conversion, build-out, outfitting, remodeling, renovation or upgrading of your Swim schools, whether or not any of the foregoing was approved by us; defects in any Swim schools you construct and/or operate, whether or not discoverable by you or by us; all acts, errors, neglects or omissions of you or the Swim school and/or the Principal Owners, officers, directors, management, employees, agents, servants, contractors, partners, proprietors, affiliates or representatives of you or the Swim schools (or any third party acting on your behalf or at your direction), whether in connection with the Swim schools or otherwise, including without limitation, any property damage, injury or death suffered or caused by any delivery person or vehicle serving your Swim schools; all liabilities arising from or related to your offer, sale and/or delivery of products and/or services as contemplated by this Agreement; and any action by any customer of yours or visitor to your Swim schools or any other facility of your business.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to Goldfish Swim School's 2025 Franchise Disclosure Document, franchisees must indemnify Goldfish Swim School for liability arising from crimes committed on or near the premises of their swim schools. This means that the franchisee is responsible for protecting Goldfish Swim School from any legal claims, damages, or expenses resulting from such incidents. This obligation extends to any personal injury, death, or property damage suffered by anyone at the swim school or construction site.
This requirement places a significant financial burden on Goldfish Swim School franchisees. They are responsible for costs associated with crimes occurring at or near their location, regardless of their direct involvement. This could include legal fees, settlements, and judgments resulting from lawsuits. Franchisees should carefully consider the potential risks and costs associated with this indemnification clause.
It is important for prospective Goldfish Swim School franchisees to understand the full scope of this indemnification obligation and to consult with legal and insurance professionals to assess their risk and ensure they have adequate protection. Franchisees should also implement security measures and training programs to minimize the risk of criminal activity at their locations. Understanding the local crime rates and taking proactive steps can help mitigate potential liabilities.