What is the purpose of the representations and warranties made by the Goldfish Swim School Developer?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
using the System and the Marks within a specified Territory and within a certain period of time or Development Schedule; and
WHEREAS, Developer desires to develop and operate the number of Goldfish Swim School franchises within the Territory pursuant to the Development Schedule, has applied for the rights to develop the Territory and such application has been approved by Franchisor in reliance upon all of the representations made herein and therein;
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the representations made by the developer are the foundation upon which Goldfish Swim School Franchising, LLC approves the developer's application to develop and operate franchises within a specific territory and timeframe. These representations are critical to the franchisor's decision to grant the development rights. The developer acknowledges that they have conducted an independent investigation of the business and are aware of the risks associated with starting a new business. They also confirm that they are not relying on any representations made by the franchisor's personnel that contradict the franchise agreement or disclosure document.
Furthermore, the developer's representations include an understanding that their financial and business success depends primarily on their personal efforts and the efforts of their management and employees. Goldfish Swim School expressly disclaims making any guarantees or warranties regarding potential sales, profits, or earnings, except as provided in the Franchise Disclosure Document. This emphasizes that the developer is responsible for their own due diligence and business acumen.
The developer also acknowledges receiving the Franchise Disclosure Document and the development agreement at least 14 days and 7 days, respectively, before signing, indicating they had sufficient time to review the terms and seek advice. By signing the agreement, the developer confirms they are entering into it based on their own investigation and understanding of the risks involved, rather than relying on unauthorized representations. This protects Goldfish Swim School from potential claims based on misunderstandings or misinterpretations of the business opportunity.