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After termination or expiration of the Goldfish Swim School Development Agreement, can the Developer still complete development of Swim Schools under existing Franchise Agreements?

Goldfish_Swim_School Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon any termination or expiration of this Agreement, (i) Developer shall not develop additional Swim schools in the Territory pursuant to this Agreement; provided, however, that Developer may complete development of and/or operate Swim schools under then-existing Franchise Agreements signed by us, subject to the Terms and conditions thereof; and (ii) we may develop, or authorize others to develop, Swim schools in the Territory.

Source: Item 22 — CONTRACTS (FDD pages 76–77)

What This Means (2025 FDD)

According to the 2025 Goldfish Swim School Franchise Disclosure Document, a developer's ability to continue developing swim schools after the termination or expiration of the Development Agreement depends on whether they have existing Franchise Agreements in place. Specifically, even after termination or expiration of the Development Agreement, the developer may complete development and/or operate swim schools if they have signed Franchise Agreements with Goldfish Swim School. This is subject to the terms and conditions outlined in those existing Franchise Agreements.

However, the Development Agreement stipulates that upon termination or expiration, the developer cannot develop additional swim schools under the Development Agreement itself. Goldfish Swim School retains the right to develop or authorize others to develop swim schools in the territory. This means that while existing franchise agreements remain valid, the developer loses the exclusive right to expand within the territory granted by the Development Agreement.

This clause protects the franchisee who has already invested in specific locations and secured franchise agreements, while also allowing Goldfish Swim School to maintain control over future development in the territory. It is important for prospective developers to understand that the rights to develop are tied to active franchise agreements and the overall development agreement, and that these rights are subject to specific terms and potential termination.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.