Does Goldfish Swim School reserve the right to vary its standards or franchise agreement terms?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
, and other Goldfish Swim School franchises is adherence by all franchisees to the Company's uniform standards and policies, except for certain regional or individual differences we may from time to time approve or require. Franchisee acknowledges and agrees that it shall strictly comply and shall cause the Franchised Swim School and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Confidential Brand Standards Manual or other communications supplied to Franchisee by Franchisor.
10.2 Modification of the System
Franchisor has the right to change or modify the System from time to time including, without limitation, the adoption and use of new or modified Marks or copyrighted materials, the presentation of the Marks, and computer hardware, software, required equipment, inventory, supplies, signs or sales and marketing techniques, certification requirements, modifications to the Confidential Brand Standards Manual, the offered products and services, the building and premises of the Franchised Swim School (including the trade dress, décor, and color schemes), and the adoption of new administrative forms and methods of reporting and payment of any monies owed to Franchisor (including electronic means of reporting and payment). Within 30 days after receipt of written notice from Franchisor, Franchisee shall begin selling any newly authorized products and services and cease selling products and services that are no longer authorized. Franchisee shall accept and use any such changes in, or additions to, the System as if they were a part of this Agreement as of the Effective Date. Franchisee shall make such expenditures as such changes, additions or modifications in the System as Franchisor may require at Franchisee's sole cost and expense. Any required expenditure for changes or upgrades to the System shall be in addition to expenditures for repairs and maintenance as required in Section 13.2. Franchisee shall be required to make any and all improvements or modifications whenever such are required by law, regulation, agency decision or court order.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, Goldfish Swim School has the right to modify the System from time to time. This includes adopting new or modified marks or copyrighted materials, changing the presentation of marks, and altering computer hardware, software, required equipment, inventory, supplies, signs, or sales and marketing techniques. They can also change certification requirements, modify the Confidential Brand Standards Manual, alter offered products and services, and change the building and premises of the Franchised Swim School, including trade dress, décor, and color schemes. Additionally, they can adopt new administrative forms and methods of reporting and payment.
Within 30 days of receiving written notice from Goldfish Swim School, the franchisee must begin selling newly authorized products and services and stop selling those no longer authorized. Franchisees are required to accept and use these changes as if they were part of the original agreement. Franchisees are responsible for the costs associated with these changes or modifications to the System. These expenditures are in addition to the costs for repairs and maintenance. Franchisees must also make any improvements or modifications required by law, regulation, agency decision, or court order.
Goldfish Swim School also acknowledges that a fundamental requirement of the System is adherence by all franchisees to the Company's uniform standards and policies, except for certain regional or individual differences they may from time to time approve or require. Franchisees must strictly comply with all requirements, specifications, standards, operating procedures, and rules set forth in the Franchise Agreement, the Confidential Brand Standards Manual, or other communications from Goldfish Swim School.