What are the requirements for maintaining supervision of a Goldfish Swim School after the death or incapacity of the franchisee?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
hereto. Franchisee hereby specifically consents to such disclosure by Franchisor and shall release and hold Franchisor harmless from and against any claim, loss or injury resulting from an inspection of Franchisor's records relating to the Franchised Swim School by an intended transferee identified by Franchisee.
18.5 For-Sale Advertising
Franchisee shall not, without prior written consent of Franchisor which shall not be unreasonably withheld, place in, on or upon the location of the Franchised Swim School, or in any communication media, any form of advertising relating to the sale of the Franchised Swim School or the rights granted hereunder.
18.6 Transfer by Death or Incapacity
18.6.1 Upon the death or Incapacity of Franchisee (if Franchisee is an individual) or any holder of a legal or beneficial interest in Franchisee (if Franchisee is a business entity), the appropriate representative of such person (whether administrator, personal representative or trustee) shall, within a reasonable time not exceeding one hundred eighty (180) days following such event, transfer such individual's interest in the Franchised Swim School or in Franchisee to a third party approved by Franchisor. Such transfers, including transfers by will or inheritance shall be subject to the conditions for assignments and transfers contained in this Agreement, unless prohibited by the laws of the state wherein Franchisee resided, with such choice of law provision being applicable only for this Section 18.6. During such one hundred eighty (180) day period, the Franchised Swim School must remain at all times under the primary management of a Designated Manager, an on-site general manager if different from the Designated Manager, and Control Person who otherwise meets Franchisor's management qualifications. Upon the death or Incapacity of the Control Person, Franchisee shall name a replacement Control Person within ten (10) days of such date of death or Incapacity and Franchisee and new Control Person shall comply with the terms of this Agreement and the Confidential Brand Standards Manual.
18.6.2 Following such a death or Incapacity of su
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, in the event of the death or incapacity of a franchisee, or any holder of a legal or beneficial interest in the franchise, their representative has 180 days to transfer the interest to a third party approved by Goldfish Swim School. During this 180-day period, the Franchised Swim School must remain under the primary management of a Designated Manager, an on-site general manager (if different from the Designated Manager), and a Control Person who meets Goldfish Swim School's management qualifications.
If the Control Person becomes deceased or incapacitated, the franchisee must name a replacement Control Person within ten days. The franchisee and the new Control Person must then comply with the terms of the Franchise Agreement and the Confidential Brand Standards Manual.
Goldfish Swim School retains the right, but not the obligation, to assume operation of the Franchised Swim School until the ownership interest is transferred. If Goldfish Swim School chooses to operate the location, they may charge a management fee, which is currently $600 per day, and be reimbursed for any expenses incurred, including travel, room, and board.