Under what conditions does Goldfish Swim School have the right to vary standards or specifications for a franchisee?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, Goldfish Swim School has the right to vary standards or specifications for a franchisee under specific conditions. These conditions are based on the individual franchisee's qualifications, the unique aspects of the site or its circumstances, the demographics of the trade area, the business potential, existing business practices, or any other condition that Goldfish Swim School considers important for the successful operation of a particular Goldfish Swim School location.
This means that Goldfish Swim School can make exceptions to its standard rules and requirements for a franchisee based on a variety of factors. For example, a franchisee with extensive prior experience in the swim school industry might be granted more autonomy in certain areas of operation. Similarly, a location in a rural area with a smaller population might be allowed to adjust its marketing strategies or service offerings to better suit the local market.
However, the FDD also states that Goldfish Swim School is not obligated to disclose or grant similar variances to other franchisees. This implies that variances are granted on a case-by-case basis and that franchisees should not expect to receive the same exceptions as others. This clause protects Goldfish Swim School's right to make decisions based on specific circumstances without creating a precedent for all franchisees.
For a prospective franchisee, this clause highlights the importance of understanding the specific conditions and requirements of their location and market. It also suggests that franchisees should be prepared to justify any requests for variances based on the unique characteristics of their business. While Goldfish Swim School is willing to consider individual circumstances, it ultimately retains the right to determine whether or not to grant a variance.