For Goldfish Swim School, is the Representative required to be the same individual under each Franchise Agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
5. REPRESENTATIVE; OPERATOR; TRAINING
- A. Developer hereby designates the person identified in Attachment 1 as the Representative. Any replacement Representative shall be designated within ten (10) days of the prior Representatives' resignation or termination. Each Representative shall attend and successfully complete to our satisfaction, all of our required training programs, including, without limitation, the management training program and the staff training program. The Representative shall be the same individual under each Franchise Agreement.
- B. Developer hereby designates the person identified in Attachment 1 as the Operator. Any replacement Operator shall be designated within ten (10) days of the prior Operator's resignation or termination. Each Operator shall attend and successfully complete at the Training Center within six (6) months of appointment our management training program and staff training program (see Section 5.D.).
- C. Not less than sixty (60) days prior to the commencement of Swim school construction, Developer shall identify the identity of the person who shall act as the Project Manager to assist you in the development and construction of the Franchised Swim School.
- D. Each Operator and Project Manager shall have satisfactorily completed the training required by us. Developer shall bear all costs and expenses related to the required training for each Operator and Project Manager. Our determination that any Operator or Project Manager has successfully completed the training shall not be construed as our endorsement of same and shall not be construed by Developer as a representation or warranty by us that any person so trained can or will perform the functions of the job for which the person is hired; Developer shall remain solely liable and responsible for all hiring decisions, regardless of our training of any Operator and Project Manager.
- E. We shall provide instructors, facilities and materials for training at the Training Center, and may provide, at our option, other training programs at non-Training Center Locations as we may designate from time to time in the Brand Standards Manuals or otherwise in writing. Developer shall reimburse us for any Territorial Expenses or other direct expenses incurred by us for such other training programs.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the Representative must be the same individual under each Franchise Agreement. The Representative is initially designated in Attachment 1 of the agreement. If a replacement is needed due to resignation or termination of the prior representative, a new one must be designated within ten days.
In addition to being the same individual, the Representative must attend and successfully complete all required training programs to the satisfaction of Goldfish Swim School. These programs include, but are not limited to, the management training program and the staff training program.
Goldfish Swim School also requires the Developer to designate an Operator, who also needs to be identified in Attachment 1. Similar to the Representative, a replacement Operator must be designated within ten days of the previous Operator's resignation or termination. The Operator is required to attend and successfully complete the management and staff training programs at the Training Center within six months of their appointment.
Furthermore, at least 60 days before construction begins on a Goldfish Swim School, the Developer must identify a Project Manager to assist with the development and construction of the franchised swim school. The Project Manager must also satisfactorily complete the training required by Goldfish Swim School.