What action is prohibited regarding site selection for a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
5. Grant of Franchises and Site Selection/Leasing Process for BIG BLUE Swim Schools.
- (a) You must locate, evaluate, and select the Swim School's site. You must give us all information and materials we request to assess each proposed Swim School site. We will not search for or select the site for you. In granting you development rights under this DRA, we are relying on your knowledge of the real estate market in the Territory and your ability to locate and access sites.
- (b) We will give you our then-current criteria for BIG BLUE Swim School sites (including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, parking, ingress and egress, size, and other physical and commercial characteristics) to help in the site-selection process. We will not unreasonably withhold site acceptance if, in our and our affiliates' experience and based on the factors identified above, the proposed site is not inconsistent with sites that we and our affiliates 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 have chosen, while acceptable to us, is not recommended due to its incompatibility with certain factors bearing on a site's suitability as a location for a BIG BLUE Swim School.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, franchisees are responsible for locating, evaluating, and selecting the site for their swim school. Big Blue Swim School will provide its then-current criteria for site selection, including factors like population density, visibility, traffic flow, competition, accessibility, parking, size, and other physical and commercial characteristics.
While Big Blue Swim School provides site selection criteria and will not unreasonably withhold site acceptance if a proposed site aligns with favorable characteristics, they maintain the absolute right to reject any site that does not meet their criteria. They can also require the franchisee to acknowledge in writing if a chosen site, though acceptable, is not recommended due to incompatibility with certain factors.
Big Blue Swim School relies on the franchisee's knowledge of the real estate market within their territory and their ability to locate and access suitable sites. The franchisor does not search for or select the site for the franchisee. Rejecting a qualified site for the first Big Blue Swim School can result in the termination of the Development Rights Agreement (DRA).