If I am an individual franchisee, can Goldfish Swim School require me to be the Designated Manager?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchised swim school must always be under the direct, full-time, day-to-day supervision of a Designated Manager or on-site general manager if different from the Designated Manager, who is certified and approved by us. If you are an individual, we may require you to be the Designated Manager of the franchise. If we require you to be the Designated Manager, you must request our consent to select another individual to replace you as the Designated Manager or on-site general manager. If you are a corporation or other business entity, you will select a Designated Manager for the franchise that we approve on an annual basis, but is not required to be an owner of the franchised business entity. The Designated Manager must attend and satisfactorily complete our initial training program before opening the Franchised Swim School. You must keep us informed at all times of the identity of your Designated Manager and on-site general manager if different from the Designated Manager. If you must replace the Designated Manager or on-site general manager, your replacement must attend and satisfactorily complete our initial training program. You must also designate a Designated Manager who is responsible for oversight of the Franchised Swim School, bind you related to the operations of the Franchised Swim School, and be the sole point of contact between us and you as provided in the Franchise Agreement. You must also designate a Control Person who is responsible for being the sole point of contact for all legal communications or notices and be designated with the authority to bind you. You must also designate one of your owners as a Marketing Lead who is responsible for all marketing, advertising, and sales activities at your Franchised Swim School.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, if you are an individual franchisee, Goldfish Swim School has the right to require you to be the Designated Manager of the franchise. If Goldfish Swim School requires you to be the Designated Manager, you must obtain their consent if you want to select someone else to take your place as the Designated Manager or on-site general manager.
If you are not an individual but a corporation or other business entity, you are required to select a Designated Manager for the franchise, subject to Goldfish Swim School's approval on an annual basis. This Designated Manager does not have to be an owner of the franchised business entity.
Regardless of whether you are an individual or a business entity, the Designated Manager must complete Goldfish Swim School's initial training program before the swim school opens. You must also keep Goldfish Swim School informed of the Designated Manager's identity and that of the on-site general manager, if different. Any replacement Designated Manager or on-site general manager must also complete the initial training program. The Designated Manager is responsible for overseeing the swim school's operations, binding you in matters related to those operations, and serving as the primary point of contact between you and Goldfish Swim School. You must also designate a Control Person for legal communications and a Marketing Lead for marketing activities.