What is required for any amendment or modification to the Goldfish Swim School General Release to be valid?

Based on the 2025 Goldfish Swim School Franchise Disclosure Document, specific addenda address the General Release for franchisees in certain states. For instance, the Rhode Island addendum states that sections in the franchise agreement requiring a franchisee to sign a general release as a condition of renewal, transfer, or receiving a refund after termination, will exclude claims arising under The Rhode Island Franchise Investment Act. Similarly, for franchisees in Indiana, certain sections of the agreement do not provide for a prospective general release of claims against Goldfish Swim School that are subject to Indiana law.

For prospective franchisees, this means that the enforceability and terms of the General Release can vary significantly depending on the state where the franchise is located. Some states have laws that restrict or prohibit the use of general releases in franchise agreements, to protect franchisees' rights. Therefore, it's crucial to carefully review any state-specific addenda to the franchise agreement to understand how the General Release applies in their particular situation.

It is important for a potential Goldfish Swim School franchisee to seek legal counsel to fully understand the implications of the General Release and any state-specific modifications. This will help ensure that they are aware of their rights and obligations under the franchise agreement and can make informed decisions about entering into the franchise relationship. The FDD excerpts do not specify the exact requirements for amending or modifying the General Release itself, but rather focus on how state laws impact its applicability and enforceability.