What is the significance of Attachment 2 in relation to the Goldfish Swim School Developer's representations?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Territory - the geographical area described in Attachment 1; provided, however, the Territory shall not include any enclosed malls, institutions (such as hospitals or schools), airports, airport properties, parks (including theme, entertainment or amusement parks), casinos, military bases and sports arenas otherwise located within the Territory, nor a specifically identified restricted area surrounding any Franchised swim school located within the Territory as of the date of this Agreement nor shall it be deemed to convey any exclusivity with respect to the use of the Trademarks.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, Attachment 2 defines the geographical area granted to the developer. Specifically, Attachment 1, along with the definition in Item 22, outlines the territory awarded to the developer, but clarifies that certain locations are excluded from the territory. These exclusions include enclosed malls, institutions like hospitals or schools, airports, parks, casinos, military bases, and sports arenas, even if they are located within the defined territory. Additionally, a restricted area around any existing Goldfish Swim School within the territory as of the agreement date is also excluded.
This definition is crucial for prospective developers as it sets clear boundaries on where they can establish Goldfish Swim School franchises. Understanding these territorial limitations is essential for assessing the market potential and avoiding conflicts with existing or future Goldfish Swim School locations. The developer's rights are explicitly tied to the territory defined in Attachment 1, making it a key component of the Area Development Agreement.
Prospective developers should carefully review Attachment 1 and the related definitions to fully understand the scope and limitations of their territory. This includes conducting due diligence to identify any excluded locations within the defined area and assessing the potential impact on their business plan. It is also important to note that the franchisor retains the right to modify the Standards and Specifications for operating the Goldfish Swim School, which could affect the developer's operations within the territory.