What notices of termination given to a Goldfish Swim School franchisee must Goldfish Swim School provide to the landlord?

According to the 2025 Goldfish Swim School Franchise Disclosure Document, Goldfish Swim School is required to provide the landlord with copies of any and all notices of termination that are given to the franchisee, pursuant to the Franchise Agreement. Additionally, if Goldfish Swim School intends to exercise its option to accept the assignment of the lease due to the franchisee's failure to address a default in the Franchise Agreement, Goldfish Swim School must provide the landlord with written notice on or before the termination date of the Franchise Agreement. The landlord can rely solely on the written notice received from Goldfish Swim School regarding the termination or expiration without renewal of the Franchise Agreement. The franchisee releases the landlord from any liability for relying upon such notice and shall hold the landlord harmless from any and all liability to Lessee for any action Landlord may take in such reliance.

This requirement ensures that the landlord is kept informed of the status of the franchise and the lease agreement. By receiving copies of termination notices, the landlord is aware of potential changes in tenancy and can prepare accordingly. Furthermore, the written notice from Goldfish Swim School regarding the intention to accept assignment of the lease provides the landlord with a clear indication of the future of the property and allows them to make informed decisions.

For a prospective Goldfish Swim School franchisee, this clause highlights the importance of adhering to the Franchise Agreement. Failure to do so could result in termination, which would not only impact the franchisee's business but also potentially affect the lease agreement with the landlord. The franchisee should be aware that Goldfish Swim School is obligated to keep the landlord informed of any termination notices, which could have implications for their relationship with the landlord.

This arrangement is fairly common in franchise agreements where the franchisor wants to maintain some control over the location of the franchise, even in the event of a franchisee's default or termination. It allows Goldfish Swim School to potentially continue operations at that location with a new franchisee or to otherwise protect its brand and customer relationships.