Is Goldfish Swim School responsible for any maintenance or repairs to the franchisee's Computer System?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
D. Computer/Point-of-Sale System
You must purchase and use any hardware and software programs we designate. (Section 12.5) Presently, you must purchase hardware and software for your computer system
that must meet our requirements, including, without limitation: (a) back office and point of sale systems, data, audio, video, and voice storage, retrieval, and transmission systems for use in your franchised swim school; (b) cash register systems; (c) physical, electronic, and other security systems; (d) printers and other peripheral devices; (e) archival back-up systems; and (f) internet access mode (such as the form of telecommunications connection) and speed. The computer system will include multiple access points in the franchised swim school, multiple printer stations, a network configuration to allow all of the computers to access and input data directly to a centralized network, point of sale software and hardware to register customers, schedule customer swim lessons, schedule employees, software to complete payroll functions, accounting, remote access, on-hold messaging, and other software and hardware that we designate from time to time. Technology is advancing so quickly that the specifications are being revised continuously. We may periodically require you to upgrade and update the hardware and software used in connection with the computer system. There are no contractual limitations on the frequency and cost of these upgrades and updates. We update our computer system requirements in our Brand Standards Manual.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 32–42)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, franchisees are responsible for maintaining and updating their computer systems. Goldfish Swim School requires franchisees to purchase specific hardware and software programs that meet the franchisor's standards. These systems include back office and point of sale systems, data storage, security systems, printers, and internet access.
The FDD states that technology advances rapidly, necessitating periodic upgrades and updates to the hardware and software. The frequency and cost of these upgrades are not contractually limited, meaning Goldfish Swim School can require updates as needed, and franchisees are responsible for covering these expenses. The specific requirements for the computer system are detailed in the Goldfish Swim School Brand Standards Manual, which franchisees must adhere to.
While Goldfish Swim School has the right to access the franchisee's computer system and data, this access is for data retrieval and usage by the franchisor. The FDD does not state that this access includes any obligation on Goldfish Swim School's part to provide maintenance or repairs to the franchisee's computer system. Therefore, franchisees should anticipate ongoing costs associated with maintaining and updating their computer systems to meet Goldfish Swim School's evolving requirements.