Under what conditions can a Goldfish Swim School franchisee terminate the Franchise Agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise or Other Agreement | Summary |
|---|---|---|
| i. Franchisee's obligations on termination/non renewal | Section 17.1 | If the Franchise Agreement is terminated or not renewed, you must: stop operating the franchised swim school; stop using any trade secrets, confidential information, the System and the Marks; if requested, assign your interest in the franchise location to us; cancel or assign to us any assumed names; pay all sums owed to us including damages and costs incurred in enforcing the Franchise Agreement; return the Confidential Brand Standards Manual, trade secrets and all other confidential information; assign your telephone and facsimile numbers to us; comply with the covenants not to compete and any other surviving provisions of the Franchise Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 54–64)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, a franchisee's ability to terminate the Franchise Agreement is limited. The FDD outlines several obligations a franchisee must adhere to if the Franchise Agreement is terminated or not renewed. These include ceasing operation of the franchised swim school, discontinuing the use of any trade secrets, confidential information, the System, and the Marks.
Additionally, upon termination or non-renewal, Goldfish Swim School may request the franchisee to assign their interest in the franchise location to them. The franchisee is also required to cancel or assign any assumed names to Goldfish Swim School and pay all outstanding sums, including damages and costs incurred by Goldfish Swim School in enforcing the Franchise Agreement. The franchisee must also return the Confidential Brand Standards Manual, trade secrets, and all other confidential information. Furthermore, the franchisee is obligated to assign their telephone and facsimile numbers to Goldfish Swim School and comply with the covenants not to compete and any other surviving provisions of the Franchise Agreement.
It is important for prospective Goldfish Swim School franchisees to understand these obligations, as they will be legally bound to fulfill them upon termination or non-renewal of the Franchise Agreement. Franchisees should seek legal counsel to fully understand the implications of these provisions and their rights and responsibilities under the Franchise Agreement.