Under what conditions can the Goldfish Swim School franchise agreement be modified or amended?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
, and other Goldfish Swim School franchises is adherence by all franchisees to the Company's uniform standards and policies, except for certain regional or individual differences we may from time to time approve or require. Franchisee acknowledges and agrees that it shall strictly comply and shall cause the Franchised Swim School and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Confidential Brand Standards Manual or other communications supplied to Franchisee by Franchisor.
10.2 Modification of the System
Franchisor has the right to change or modify the System from time to time including, without limitation, the adoption and use of new or modified Marks or copyrighted materials, the presentation of the Marks, and computer hardware, software, required equipment, inventory, supplies, signs or sales and marketing techniques, certification requirements, modifications to the Confidential Brand Standards Manual, the offered products and services, the building and premises of the Franchised Swim School (including the trade dress, décor, and color schemes), and the adoption of new administrative forms and methods of reporting and payment of any monies owed to Franchisor (including electronic means of reporting and payment). Within 30 days after receipt of written notice from Franchisor, Franchisee shall begin selling any newly authorized products and services and cease selling products and services that are no longer authorized. Franchisee shall accept and use any such changes in, or additions to, the System as if they were a part of this Agreement as of the Effective Date. Franchisee shall make such expenditures as such changes, additions or modifications in the System as Franchisor may require at Franchisee's sole cost and expense. Any required expenditure for changes or upgrades to the System shall be in addition to expenditures for repairs and maintenance as required in Section 13.2. Franchisee shall be required to make any and all improvements or modifications whenever such are required by law, regulation, agency decision or court order.
10.3 Variance
Franchisor has the right to vary standards or specifications for any franchisee based upon that particular franchisee's qualifications, the peculiarities of the particular site or circumstances, the demographics of the trade area, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the successful operation of any particular Goldfish Swim School. Franchisor shall not be required to disclose or grant to Franchisee a like or similar variance hereunder.
11. ADVERTISING AND PROMOTIONAL ACTIVITIES
Franchisee shall appoint a Marketing Lead who is the person responsible for all matters related to marketing and sales at the Franchised Swim School. The Marketing Lead is identified in Exhibit 4.
11.1 Initial Marketing Expense
During the period of time prior to the opening of Franchisee's Franchised Swim School (as determined by Franchisor in Franchisor's sole discretion) thorough the first three (3) months of operation, Franchisee shall spend an amount specified by Franchisor, no greater than the range contained in the Franchise Disclosure Document on local advertisement and promotion of the initial opening ("Initial Marketing Expense").
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the franchise agreement can be modified or amended under several conditions.
First, Goldfish Swim School has the right to change or modify the System from time to time. This includes adopting new or modified marks, copyrighted materials, computer hardware, software, required equipment, inventory, supplies, signs, sales and marketing techniques, certification requirements, modifications to the Confidential Brand Standards Manual, the offered products and services, and the building and premises of the Franchised Swim School. Franchisees are required to accept and use these changes as if they were part of the original agreement, and they must cover the costs of these changes.
Second, addenda to the franchise agreement can be agreed upon between Goldfish Swim School and the franchisee to revise the original agreement. These addenda supersede any conflicting terms in the original franchise agreement. For franchisees in specific states like Wisconsin, Connecticut, Indiana and Illinois, addenda address specific legal considerations and modifications to certain sections of the agreement to ensure compliance with state laws.
These modifications ensure that the Goldfish Swim School system remains current and compliant with legal requirements, but franchisees should be aware that they are responsible for the costs associated with many of these changes. Franchisees should carefully review any addenda and understand their implications before signing.