What initial and ongoing training and assistance does Goldfish Swim School provide to franchisees?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
law.
7.5 Reasonableness of Restrictions
Franchisee acknowledges that the restrictive covenants contained in this Section are essential elements of this Agreement and that without their inclusion, Franchisor would not have entered into this Agreement. Franchisee acknowledges that each of the terms set forth herein, including the restrictive covenants, is fair and reasonable and is reasonably required for the protection of Franchisor, the System and the Marks and Franchisee waives any right to challenge these restrictions as being overly broad, unreasonable or otherwise unenforceable.
8. TRAINING AND ASSISTANCE
8.1 Initial Training
Franchisor shall make an initial training program available to the Designated Manager, the on-site general manager if different from the Designated Manager, and at least one (1) other required manager (as determined by the Franchisor in its sole discretion), and the Control Person or one (1) or more owners of Franchisee designated by Franchisor. If the Marketing Lead is not the Control Person or other owner designated by Franchisor to attend the entire initial training program, the Marketing Lead must attend and satisfactorily complete no less than the marketing portions of the initial training program. The initial training program is designed to protect Franchisor's brand and covers the material aspects of the operation. At least (60) days prior to the opening of the Franchised Swim School, the Designated Manager, the onsite general manager if different from the Designated Manager, and at least one (1) other manager (as determined by the Franchisor in its sole discretion), and the Control Person or one (1) or more owners of Franchisee designated by Franchisor must attend and successfully
complete, to the Franchisor's satisfaction, a training program pertaining to the operation and administration of the Franchised Swim School including but not limited to, sales and marketing methods, financial controls, maintenance of quality standards, customer service techniques, record keeping, reporting procedure, and other operational function. The initial training may include CPR (cardiopulmonary resuscitation), First Aid, AED (automated external defibrillator) and may provide a lifeguarding certification for shallow water pools but does not include other certifications required by Franchisor (such as certified pool operations certifications, required for all of your management staff) and as required by applicable law prior to Franchisee's operation of the Franchised Swim School. If the above referenced certifications are not provided during initial training, Franchisee must obtain such certifications prior to the opening of the Franchised Swim School. Franchisor shall conduct the initial training program at its headquarters or at other designated locations. Franchisor shall not charge tuition or similar fees for initial training, however, all expenses incurred by Franchisee in attending such program including, but not limited to, travel costs, room and board expenses and employees' salaries, shall be the sole responsibility of Franchisee. If Franchisee believes that Franchisor has not met its training obligations set forth above, Franchisee must notify Franchisor within fifteen (15) days following its initial training. If Franchisee fails to deliver notice to Franchisor as provided in this section, Franchisee shall be deemed to have acknowledged that all initial training required to be provided by Franchisor was provided. Franchisee shall be responsible for training its management and other employees. Franchisor may require all owners of Franchisee to attend some or all of the initial training.
8.2 Opening Assistance
In conjunction with the beginning of operation of the Franchised Swim School, Franchisor shall make available to Franchisee, at Franchisor's expense, one (1) of Franchisor's representatives for no more than three (3) days for your first Franchised Swim School and one (1) day for your or your affiliate's second Franchised Swim School (which duration we determine in our discretion), experienced in the System, for the purpose of familiarizing Franchisee's staff with the Goldfish Swim School techniques and for the purpose of providing general assistance and guidance in connection with the opening of the Franchised Swim School. Franchisor will not provide any opening assistance for any of Franchisee's franchised swim schools after Franchisee's second franchised swim school, it being understood that Franchisee will be responsible for all responsibilities of opening the third franchised swim school and every franchised swim school thereafter. If Franchisee requests additional assistance with respect to the opening or continued operation of the Franchised Swim School, and should Franchisor deem it necessary and appropriate to comply with such request, Franchisee shall pay Franchisor's thencurrent standard rates, plus expenses, for such additional assistance. If Franchisee believes that Franchisor has not met its training obligations set forth above, Franchisee must notify Franchisor within fifteen (15) days following its opening assistance training. If Franchisee fails to deliver notice to Franchisor as provided in this section, Franchisee shall be deemed to have
acknowledged that all initial training required to be provided by Franchisor was provided. The Designated Manager shall be present at the Franchised Swim School for all periods in which a Franchisor representative is present at the Location.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, initial training is provided to the Designated Manager, the on-site general manager (if different), at least one other required manager, and the Control Person or one or more owners designated by Goldfish Swim School. The Marketing Lead must attend at least the marketing portions of the initial training program if they are not the Control Person or other owner designated to attend the entire initial training program. This training, designed to protect the Goldfish Swim School brand, covers the material aspects of the operation. This training commences no more than sixty (60) days after the execution of the Franchise Agreement.
The initial training program covers the operation and administration of the Franchised Swim School, including sales and marketing methods, financial controls, quality standards, customer service, record keeping, and reporting procedures. The initial training may include CPR, First Aid, AED, and a lifeguarding certification for shallow water pools. However, it does not include other certifications required by Goldfish Swim School, such as certified pool operations certifications required for all management staff, or certifications required by applicable law. Franchisees must obtain these certifications before opening their Goldfish Swim School. Goldfish Swim School conducts the initial training program at its headquarters or other designated locations, without tuition fees, but franchisees are responsible for all expenses, including travel, room and board, and employee salaries.
In addition to initial training, Goldfish Swim School provides opening assistance. For the first Franchised Swim School, Goldfish Swim School will provide one of its representatives for up to three days, at its own expense. For the second Franchised Swim School, the representative will be available for one day. This assistance aims to familiarize the franchisee's staff with Goldfish Swim School techniques and provide general guidance during the opening. Goldfish Swim School will not provide opening assistance for any subsequent franchised swim schools. Franchisees are responsible for all aspects of opening their third and subsequent locations. Franchisees can request additional assistance, but Goldfish Swim School will only comply if it deems it necessary and appropriate, and the franchisee will pay the then-current standard rates plus expenses for such assistance.
Franchisees must notify Goldfish Swim School within fifteen (15) days following the initial training or opening assistance training if they believe that Goldfish Swim School has not met its training obligations. Failure to provide notice within this timeframe is considered an acknowledgement that all required initial training was provided. The Designated Manager must be present at the Franchised Swim School whenever a Goldfish Swim School representative is present at the location. Goldfish Swim School also provides ongoing support through its website and intranet, offering marketing materials, system-wide communications, and discussion forums.