What responsibilities does the Designated Manager have for a Goldfish Swim School franchise?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
TICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS**
The franchised swim school must always be under the direct, full-time, day-to-day supervision of a Designated Manager or on-site general manager if different from the Designated Manager, who is certified and approved by us. If you are an individual, we may require you to be the Designated Manager of the franchise. If we require you to be the Designated Manager, you must request our consent to select another individual to replace you as the Designated Manager or on-site general manager. If you are a corporation or other business entity, you will select a Designated Manager for the franchise that we approve on an annual basis, but is not required to be an owner of the franchised business entity. The Designated Manager must attend and satisfactorily complete our initial training program before opening the Franchised Swim School. You must keep us informed at all times of the identity of your Designated Manager and on-site general manager if different from the Designated Manager. If you must replace the Designated Manager or on-site general manager, your replacement must attend and satisfactorily complete our initial training program. You must also designate a Designated Manager who is responsible for oversight of the Franchised Swim School, bind you related to the operations of the Franchised Swim School, and be the sole point of contact between us and you as provided in the Franchise Agreement. You must also designate a Control Person who is responsible for being the sole point of contact for all legal communications or notices and be designated with the authority to bind you. You must also designate one of your owners as a Marketing Lead who is responsible for all marketing, advertising, and sales activities at your Franchised Swim School.
As described in ITEM 14, certain individuals associated with your franchised swim school, including your owners (and members of their immediate families and households), officers, directors, partners, your Designated Managers, on-site general manager, other managers, and executives are required to sign nondisclosure and non-competition agreements the same as or similar to the Nondisclosure and Non-Competition Agreement attached to the Franchise Agreement. We will be a third-party beneficiary with the independent right to enforce the agreements.
The Franchisee's obligations under the Franchise Agreement shall be personally guaranteed by individuals who meet our financial requirements, and may include your spouse, if necessary to meet our financial requirements. If you are a corporation or other business entity, anyone who owns any equity in the entity must personally guarantee the performance of all of your obligations under the Franchise Agreement and agree to be personally liable for your breach of the Franchise Agreement by signing the Unlimited Guaranty and Assumption of Obligations attached to the Franchise Agreement.
ITEM 16. RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL
You must offer the services and products we specify. You may not sell any services or products that we have not authorized and you must discontinue offering any services or products that we disapprove.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, the franchised swim school must be under the direct, full-time, day-to-day supervision of a Designated Manager who is certified and approved by Goldfish Swim School. If the franchisee is an individual, Goldfish Swim School may require them to be the Designated Manager. If the franchisee is a corporation or other business entity, they will select a Designated Manager for the franchise that Goldfish Swim School approves on an annual basis. The Designated Manager must attend and satisfactorily complete Goldfish Swim School's initial training program before opening the Franchised Swim School. The franchisee must keep Goldfish Swim School informed at all times of the identity of their Designated Manager. If the franchisee must replace the Designated Manager, their replacement must attend and satisfactorily complete Goldfish Swim School's initial training program.
The Designated Manager is responsible for oversight of the Franchised Swim School, binding the franchisee related to the operations of the Franchised Swim School, and being the sole point of contact between Goldfish Swim School and the franchisee as provided in the Franchise Agreement. The Designated Manager shall devote his or her full time and attention to the operation of the Franchised Swim School if acting as the on-site general manager or such sufficient time and attention to the successful operation of the Franchised Swim School. At all times, the Designated Manager shall have successfully completed Goldfish Swim School's training program.
Goldfish Swim School has the right to require the Designated Manager to attend additional training of up to four times per year and up to eight days per year at times and locations Goldfish Swim School determines. The franchisee is responsible for all costs associated with such additional training, including tuition, travel, meals, lodging, and other expenses. The Designated Manager shall be present at the Franchised Swim School for all periods in which a Goldfish Swim School representative is present at the Location. The Designated Manager shall comply with all communication requirements as set forth in the Confidential Brand Standards Manual.