Under what circumstances is a waiver by Goldfish Swim School of a franchisee's default considered binding?
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 Goldfish Swim School's 2025 Franchise Disclosure Document, any approval or consent granted by Goldfish Swim School to a franchisee is only considered effective if it is provided in writing. This requirement ensures that both the franchisor and franchisee have a clear and documented understanding of any waivers, approvals, or consents related to the franchise agreement.
This stipulation protects both parties by preventing misunderstandings or disputes that could arise from verbal agreements or implied consent. For a Goldfish Swim School franchisee, this means that any deviation from the standard franchise agreement or any waiver of obligations must be formally documented and approved in writing by the franchisor to be considered valid. This ensures that the franchisee cannot later claim that a verbal agreement or understanding constitutes a binding waiver or approval.
Furthermore, Goldfish Swim School makes no warranties or guarantees and assumes no liability to the franchisee or any third party by providing any waiver, approval, advice, consent, or services. This means that even if Goldfish Swim School grants a waiver or provides advice, it does not assume any additional obligations or liabilities beyond what is already stipulated in the franchise agreement. This clause protects Goldfish Swim School from potential claims or lawsuits arising from the franchisee's reliance on such waivers or advice.
In the context of franchise agreements, requiring written consent for approvals and waivers is a common practice. It provides a clear record of any modifications to the agreement and helps to avoid potential disputes. Prospective Goldfish Swim School franchisees should be aware of this requirement and ensure that any agreements or understandings with the franchisor are documented in writing to be considered binding.