What is Goldfish Swim School's sole liability for any warranties granted?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor for such approval and, except as
otherwise provided herein, any approval or consent granted shall be effective only if in writing. Franchisor makes no warranties or guarantees upon which Franchisee may rely and assumes no liability or obligation to Franchisee or any third party to which it would not otherwise be subject, by providing any waiver, approval, advice, consent or services to Franchisee in connection with this Agreement, or by reason of any neglect, delay or denial of any request for approval.
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 makes no warranties or guarantees that a franchisee may rely upon. Goldfish Swim School assumes no liability or obligation to the franchisee or any third party that it would not otherwise be subject to by providing any waiver, approval, advice, consent, or services to the franchisee in connection with the Franchise Agreement, or by reason of any neglect, delay, or denial of any request for approval.
This means that as a Goldfish Swim School franchisee, you cannot hold the franchisor liable for any advice, approvals, or services they provide, or for any delays or denials of requests. This is a significant point for prospective franchisees to consider. It essentially limits the franchisor's responsibility for the support and guidance they offer.
This type of clause is not uncommon in franchise agreements, as franchisors often seek to limit their liability and maintain control over their brand and system. However, it places a greater burden on the franchisee to conduct their own due diligence and seek independent advice when making business decisions. Franchisees should carefully evaluate the level of support and training provided by Goldfish Swim School and consider whether it is sufficient given this limitation of liability.