What agreement are all end users of the Big Blue Swim School software bound by?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
This Exhibit is a part of and must be read in conjunction with that certain SOFTWARE AS A SERVICE AGREEMENT dated as of the Effective Date between Licensor and Licensee.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, end users of the LessonBuddy® software are bound by a Software as a Service Agreement. This agreement is between Big Blue Swim School Franchising, LLC, as the Licensor, and the franchisee, as the Licensee. The agreement outlines the terms and conditions for using the LessonBuddy® software, which is a proprietary computer software system owned by the Licensor.
The agreement grants the Licensee a license to remotely access and use the software within the Licensor's computing environment. This use is specifically tied to the operation of a Big Blue Swim School franchise. The Software as a Service Agreement includes exhibits that further define the software and other related aspects of the agreement.
In cases of conflict between the Software as a Service Agreement and the Franchise Agreement, the terms of the Franchise Agreement will take precedence. The Software as a Service Agreement ensures that franchisees have the necessary software to manage their Big Blue Swim School, while also protecting the franchisor's intellectual property and setting the terms for software use.