Is the 14-month deadline for opening a Big Blue Swim School subject to potential extensions?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Within two hundred ten (210) days after the Effective Date, but subject to the potential extensions described below in Section 4.C, an acceptable site for the School within the exclusive geographical area described in Exhibit A (the "Site Selection Area") must be found and secured.
The timeframe during which the School's site must be located, accepted, and secured within the Site Selection Area (the "Site Selection Period") will expire upon the earliest of (a) our acceptance of the School's site and Lease and giving you an amended and restated Exhibit A, (b) this Agreement's termination, or (c) two hundred ten (210) days after the Effective Date.
- 4.B.2 We may (but have no obligation to) visit the Site Selection Area to review potential School sites.
Using local commercial real estate brokers, we may recommend potential School sites for your consideration.
Recommendation of a School's site will be based on our then-current criteria for BIG BLUE Swim School sites, including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics.
- 4.B.3 We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools.
However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School.
- 4.B.4 You must evaluate and ultimately approve the selection of the School's site.
Our recommendation and acceptance of a site indicates only that we believe the site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools.
Applying criteria appearing effective with other sites might not accurately reflect the potential of all sites, and demographic or other factors included in or excluded from our criteria could change, altering a site's potential.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the 210-day (approximately 7 month) timeframe for securing a site can be subject to potential extensions. The document specifies that within 210 days after the effective date of the franchise agreement, a suitable site for the Big Blue Swim School must be found and secured within the exclusive geographical area. This period is referred to as the Site Selection Period.
The Site Selection Period concludes upon the earliest of three conditions: Big Blue Swim School's acceptance of the site and lease leading to an amended Exhibit A, the termination of the franchise agreement, or the expiration of the 210-day period after the effective date. The franchisor may visit the Site Selection Area to review potential sites and may recommend sites based on their criteria, including population density, visibility, traffic flow, competition, accessibility, size, and other characteristics.
Big Blue Swim School states that they will not unreasonably withhold acceptance of a site if it aligns with favorable or successful sites from the past. However, they retain the right to reject sites not meeting their criteria or require the franchisee to acknowledge in writing that a preferred site is accepted despite its incompatibility with certain factors. Ultimately, the franchisee must evaluate and approve the site selection, understanding that Big Blue Swim School's recommendation indicates only that the site is consistent with previously successful locations, and that the criteria used may change or not accurately reflect the potential of all sites.