factual

What is included in the definition of 'Real Estate' that Goldfish Swim School has the option to purchase?

Goldfish_Swim_School Franchise · 2025 FDD

Answer from 2025 FDD Document

WHEREAS, the Franchise Agreement requires that Goldfish approve the location for the Franchise Store to be established pursuant to the above referenced Franchise Agreement, that approval being conditioned upon the execution of this Real Estate Option to Purchase in the event Franchisee owns or controls the real estate;

WHEREAS, Franchisee seeks Goldfish's approval for particular real estate.

NOW THEREFORE, it is hereby agreed as follows:

    1. Option. Franchisee hereby grants to Goldfish the option to purchase the real estate described in Exhibit "A" (and hereinafter referred to as the "Real Estate") upon the expiration without renewal or termination of the Franchise Agreement. Any transfer, renewal, extension, or amendment of the Franchise Agreement shall not affect this Option Agreement unless expressly provided. The terms of the Option rights are as follows:
  • A. Exercise of Option. Within fifteen (15) days following the termination or expiration without renewal of the Franchise Agreement as provided for in the Franchise Agreement, Goldfish may notify Franchisee in writing of its intention to exercise this option to purchase the Real Estate, and which notice shall constitute an agreement to purchase the Real Estate conditioned upon Goldfish obtaining any necessary financing and the Real Estate being inspected for environmental law compliance. The closing of the sale shall occur as soon as all documentation and other matters have been completed, including obtaining any necessary financing and environmental inspections, but in any event not later than one hundred twenty (120) days after the date upon which the fair market value of the Real Estate is established, as provided in Paragraph B below, unless the parties hereto agree to a later closing date.

Source: Item 23 — RECEIPTS (FDD pages 77–389)

What This Means (2025 FDD)

According to the 2025 Goldfish Swim School FDD, the 'Real Estate' that Goldfish Swim School has an option to purchase is defined as the real estate described in Exhibit "A." This option arises upon the expiration or termination without renewal of the Franchise Agreement.

Specifically, if a franchisee owns or controls the real estate where the Goldfish Swim School is located, Goldfish Swim School requires a Real Estate Option to Purchase as a condition of approving the location. This agreement grants Goldfish Swim School the option to purchase the real estate upon the expiration or termination of the Franchise Agreement.

The FDD specifies that Goldfish Swim School can exercise this option within fifteen days following the termination or expiration of the Franchise Agreement by notifying the franchisee in writing. This notice constitutes an agreement to purchase, conditioned upon Goldfish Swim School obtaining necessary financing and environmental compliance inspections. The closing of the sale should occur within 120 days after establishing the fair market value of the real estate, unless both parties agree to a later date.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.