Under what conditions can the Goldfish Swim School Franchise Agreement be amended, changed, or varied?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and the contemporaneously executed Exhibits, Addenda and Schedules hereto and the Franchise Disclosure Document constitute the entire agreement between us, Developer and the Principals concerning the subject matter hereof. All prior agreements, discussions, negotiations, understandings, inducements, representations, warranties, and covenants are merged herein and are superseded by this Agreement. Nothing in this or any related agreement, however, is intended to disclaim the representations we made in the franchise disclosure document that we furnished to you. THERE ARE NO WARRANTIES, REPRESENTATIONS, COVENANTS OR AGREEMENTS, EXPRESS OR IMPLIED, BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT THOSE PERMITTED TO BE MADE UNILATERALLY BY US HEREUNDER, NO
AMENDMENT, CHANGE OR VARIANCE FROM THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS MUTUALLY AGREED TO BY US AND DEVELOPER AND EXECUTED IN WRITING.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the Area Development Agreement constitutes the entire agreement regarding its subject matter. It also states that all prior agreements are merged into and superseded by this agreement.
Specifically, the document states that no amendment, change, or variance from the agreement is binding unless it is mutually agreed to by both Goldfish Swim School and the developer, and is executed in writing. There are exceptions for changes that Goldfish Swim School is permitted to make unilaterally under the agreement.
This clause is typical in franchise agreements. It ensures that any modifications to the original contract are formally documented and agreed upon by both parties, preventing misunderstandings or disputes based on verbal agreements or informal communications. Prospective franchisees should pay close attention to this clause, ensuring they understand the process for making changes to the agreement and that all agreed-upon modifications are properly documented in writing.