What right does Goldfish Swim School have regarding modifications or alterations to the leased premises?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
d for by the recipient, notice shall be deemed received two (2) business days after mailing. Parties may change the notice address by providing written notice to the other parties of a change in such notice address.
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- Execution of the Documents. Franchisee hereby agrees to execute any and all documents requested by GOLDFISH in order to fully exercise any of the rights under the Real Estate Lease or this Agreement. If Franchisee shall not have executed any such document within the three (3) days after having been so requested by GOLDFISH, Franchisee hereby appoints any member or officer of GOLDFISH as its attorney-in-fact with the full right and power to execute any and all such documents.
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- Additional Lease Provisions. The following provisions are also incorporated into the Real Estate Lease. For purposes of this Section, the term "Tenant" shall mean the "Franchisee" or any successor tenant under the Real Estate Lease.
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Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, Goldfish Swim School has specific rights regarding modifications or alterations to the leased premises where a franchise operates. Goldfish Swim School, including its agents, employees, contractors, representatives, and assigns, has the right to enter the leased premises at all reasonable times to examine the premises and make any modifications or alterations they deem necessary or desirable. This is determined at the sole and absolute discretion of Goldfish Swim School. These modifications can be made to protect Goldfish Swim School's franchise system, trademarks, or brand.
This right is granted without Goldfish Swim School incurring any liability or being responsible to the tenant (franchisee) or landlord for trespass or any other claim of civil or criminal liability. Furthermore, the franchisee agrees to execute any documents requested by Goldfish Swim School to fully exercise its rights under the real estate lease or the franchise agreement. If the franchisee fails to execute these documents within three days of the request, Goldfish Swim School can appoint a member or officer to act as the franchisee's attorney-in-fact to execute the documents.
These provisions ensure that Goldfish Swim School maintains control over the standards and presentation of its brand and system, even within a franchisee's leased location. This allows Goldfish Swim School to implement changes or upgrades deemed necessary for the overall benefit of the franchise system. For a prospective franchisee, this means they must be prepared for potential modifications to their premises dictated by Goldfish Swim School, and they must comply with requests to execute documents related to these modifications. Failure to comply could result in Goldfish Swim School taking action on their behalf.