Who is responsible for the cost and expense of the 'Pool Restoration Obligation' for a Goldfish Swim School?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
On or before the expiration or earlier termination of this Lease, Tenant's restoration of the Leased Premises shall be limited solely to the following, which shall be at Tenant's sole cost and expense: to (i) removal of the then existing pool coping, (i) filling the then existing in-ground pool to its original condition with compacted sand or granular backfill; (ii) removal of the then existing above-grade pool related equipment; and (iii) properly capping and sealing any below grade pipes related to the pool system (collectively, the "Pool Restoration Obligation").
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, the franchisee, referred to as the 'Tenant' in the lease agreement, is responsible for the cost and expense of the 'Pool Restoration Obligation'. This obligation arises upon the expiration or earlier termination of the lease.
The Pool Restoration Obligation specifically includes (i) removing the existing pool coping, (i) filling the in-ground pool to its original condition with compacted sand or granular backfill, (ii) removing the above-grade pool related equipment, and (iii) properly capping and sealing any below grade pipes related to the pool system. These actions are to be completed at the franchisee's sole cost and expense.
If the franchisee fails to fulfill the Pool Restoration Obligation, the landlord has further recourse. In such an event, the landlord may take action to ensure the restoration is completed. This reinforces the franchisee's responsibility to budget and plan for these expenses at the end of their lease term. This is a significant financial consideration for franchisees as it involves substantial construction and restoration work.