Does the Goldfish Swim School franchisor have the power to hire or fire the franchisee's employees?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor shall not have the power to hire or fire Franchisee's employees.
Franchisee expressly agrees, and will never contend otherwise, that Franchisor's authority under this Agreement to certify certain of Franchisee's employees for qualification to
perform certain functions for the Franchised Swim School does not directly or indirectly vest in Franchisor the power to hire, fire, or control such employee.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the franchisor does not have the power to hire or fire the franchisee's employees. The FDD states that the franchisee is an independent contractor solely responsible for all aspects of the development and operation of their franchised swim school, subject to the conditions and covenants established in the agreement.
The agreement specifies that neither the agreement itself nor the course of conduct between the franchisor and franchisee should be construed to imply that the franchisor is the franchisee's employer or the employer of the franchisee's employees. The document explicitly states that the franchisor does not have the power to hire or fire the franchisee's employees.
Furthermore, the FDD clarifies that even the franchisor's authority to certify certain of the franchisee's employees for specific functions does not grant the franchisor the power to hire, fire, or control those employees. The franchisee retains control over the day-to-day operations of the swim school.