Who is responsible for the terms and conditions of employment and compensation for employees of a Goldfish Swim School franchise?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall hire all employees of the Franchised Swim School and be exclusively responsible for the terms and conditions of their employment and compensation and the proper training of such employees in the operation of the Franchised Swim School, human resources and customer relations. Franchisee is exclusively and solely responsible for determining and controlling the essential terms and conditions of employment for each of Franchisee's employees. Franchisee will be exclusively and solely responsible for recruiting and hiring the personnel that Franchisee employs to operate the Franchised Swim School Franchisee shall be responsible for the employees' training, wages, taxes, benefits, safety, work schedules, work conditions, assignments, discipline and termination, and for compliance with all workplace related laws. At no time will Franchisee or Franchisee's employees be deemed to be employees of Franchisor or its affiliates. Franchisor will have no right or obligation to direct Franchisee's employees or to operate the Franchised Swim School. Franchisor does not have direct or indirect control of – or the right or authority to control – the terms and conditions of the employment of
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to Goldfish Swim School's 2025 Franchise Disclosure Document, the franchisee is exclusively responsible for the terms and conditions of employment and compensation of their employees. This includes determining and controlling the essential terms and conditions of employment for each employee. The franchisee is also responsible for recruiting, hiring, training, wages, taxes, benefits, safety, work schedules, work conditions, assignments, discipline, and termination of employees, ensuring compliance with all workplace-related laws.
This means that as a Goldfish Swim School franchisee, you have complete control over your staff. You make all decisions related to hiring, firing, pay, and workplace policies, subject to legal requirements. Goldfish Swim School Franchising LLC has no right or obligation to direct your employees or to operate your franchised swim school.
This arrangement is typical in franchising, where franchisees are independent business owners. However, it also means that the success of your Goldfish Swim School location heavily depends on your ability to effectively manage your employees. You'll need to develop strong HR practices, stay updated on employment laws, and create a positive work environment to attract and retain qualified staff. The FDD emphasizes that neither the franchisee nor their employees will be considered employees of the franchisor, reinforcing the independent contractor relationship.