What are 'Ancillary Services' in the context of Big Blue Swim School Brand Standards?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
ur signature at the end | | of this Agreement (the "Effective Date"). | |
1. Preambles
We and certain of our affiliates (a) have created, designed, and developed a swim school concept identified by the Marks (defined below) that currently provides a proprietary curriculum of swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old (the "Swim School Concept"), and (b) also may permit other services provided in a swimming pool (the "Ancillary Services") that are not encompassed within the Swim School Concept. We and such affiliates currently use, promote, and license certain trademarks, service marks, and other commercial symbols for the Swim School Concept and Ancillary Services, including "BIG BLUE SWIM SCHOOL®," and from time to time may create, use, and license new trademarks, service marks, and commercial symbols (collectively, the "Marks"). One of our affiliates currently owns the Marks, the Confidential Information (defined in Section 9 below), and all aspects of our branded system and licenses that intellectual property to us for use in our franchise program for BIG BLUE Swim Schools operating the Swim School Concept ("BIG BLUE Swim Schools"). The definition of "Swim School Concept" expressly excludes a swim-related business, whether or not operated under the Marks, whose core activities are anything other than providing swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old, including, for example but without limitation, competitive swimming in lower-temperature water, coaching and video analysis, laps, wave pools, and any Ancillary Services.
We offer and grant franchises to operate a BIG BLUE Swim School operating the Swim School Concept and using the BIG BLUE Swim School business system, business formats, methods, procedures, designs, layouts, trade dress, standards, specifications, and Marks, all of which we and our affiliates periodically may improve, further develop, and otherwise modify (collectively, the "Franchise System").
You have applied for a franchise to operate a BIG BLUE Swim School, and we are willing to grant you the franchise on the terms and conditions contained in this Agreement.
**2.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, 'Ancillary Services' refer to services, other than the Swim School Concept, that may be provided in a swimming pool. The Swim School Concept is defined as providing a proprietary curriculum of swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old. The definition of "Swim School Concept" expressly excludes a swim-related business, whether or not operated under the Marks, whose core activities are anything other than providing swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old, including, for example but without limitation, competitive swimming in lower-temperature water, coaching and video analysis, laps, wave pools, and any Ancillary Services.
Big Blue Swim School requires franchisees to comply with all Brand Standards, which they may periodically modify. Franchisees may not offer, sell, or provide any services or products not authorized in the Operations Manual, and they must offer, sell, and provide all services and products that Big Blue Swim School prescribes from time to time. These services and products may change from time to time and from market to market based on numerous considerations. Brand Standards may direct any aspect of the School's operation and maintenance that impacts the goodwill associated with the Marks, the Franchise System, and BIG BLUE Swim Schools.
For a prospective franchisee, this means that while the primary focus is on swim lessons for young children, there may be opportunities to offer additional services in the pool. However, these 'Ancillary Services' are subject to Big Blue Swim School's approval and may be changed or withdrawn at any time. It is important for franchisees to stay updated on the Brand Standards and Operations Manual to ensure compliance and to understand which services are authorized. Franchisees are required to operate at full capacity, which includes adhering to inventory requirements and offering authorized services and products.