Regarding applications and financial statements submitted to Goldfish Swim School, what representation does the franchisee make about the information contained within them?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
ing into this Agreement based upon its own investigation and not as a result of any representations about Franchisor made by Franchisor's shareholders, members, officers, directors, employees, agents, representatives, independent contractors, or franchisees which are contrary to the terms set forth in this Agreement or any franchise disclosure document required or permitted to be given to Franchisee pursuant to applicable law.
24.3 True and Accurate Information
Franchisee represents that all information set forth in any and all applications, financial statements and submissions to Franchisor is true, complete and accurate in all respects, and Franchisee acknowledges that Franchisor is relying upon the truthfulness, completeness and accuracy of such information.
24.4 Risk
Franchisee represents that it has conducted an independent investigation of the business contemplated by this Agreement and acknowledges that, like any other business, an investment in a Goldfish Swim School involves business risks and that the success of the venture is dependent, among other factors, upon the business abilities and efforts of Franchisee. Franchisor makes no representations or warranties, express or implied, in this Agreement or otherwise, as to the potential success of the business venture contemplated hereby.
24.5 No Guarantee of Success
Franchisee represents and acknowledges that it has not received on any guarantee, express or implied, as to the revenues, profits or likelihood of success of the Franchised Swim School. Franchisee represents and acknowledges that there have been no representations by Franchisor's officers, directors, employees or agents that are not contained in, or are inconsistent with, the statements made in the Franchise Disclosure Document or this Agreement. Specifically, Franchisee acknowledges that the only financial performance information Franchisor furnished is set forth in Item 19 of the Franchise Disclosure Document; that no officer, director, member, employee, agent, representative or independent contractor of Franchisor is authorized to furnish Franchisee with any other financial performance information; that if they nevertheless do, Franchisee will not rely on any such financial performance information given to Franchisee by any such individual;
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the franchisee represents that they have conducted an independent investigation of the business opportunity. This means the franchisee acknowledges they have not solely relied on information provided by Goldfish Swim School and have done their own due diligence.
Furthermore, the franchisee acknowledges that investing in a Goldfish Swim School franchise involves business risks. The success of the venture depends on various factors, including the franchisee's own business abilities and efforts. Goldfish Swim School does not provide any guarantees or warranties, either express or implied, regarding the potential success of the business.
In addition, the franchisee confirms they have not received any guarantees, express or implied, about the revenues, profits, or likelihood of success of the franchised swim school. The franchisee also acknowledges that any financial performance information they received was limited to what is outlined in Item 19 of the Franchise Disclosure Document. If any officer, director, employee, or agent of Goldfish Swim School provides other financial performance information, the franchisee agrees not to rely on it and to report such activity to Goldfish Swim School.
Finally, the franchisee represents that entering into the franchise agreement will not violate any other agreement or commitment they are currently a party to. This ensures that the franchisee is free to fulfill their obligations under the Goldfish Swim School franchise agreement without conflicting with other legal or financial responsibilities.