factual

Does Big Blue Swim School 'approve' sites, or 'accept' them?

Big_Blue_Swim_School Franchise · 2025 FDD

Answer from 2025 FDD Document

12 TERRITORY**

Franchise Agreement

You will operate the School at a specific location that we consider to be acceptable. (We do not "approve" sites; we "accept" them under the circumstances described in Item 11.) If the School's address is unknown when the Franchise Agreement is signed, an acceptable site for the School must be found and secured within 210 days after execution. We will identify in the Franchise Agreement an exclusive Site Selection Area in which the site must be found. We have the right to terminate the Franchise Agreement if the School's site is not found and secured within those 210 days.

You may operate the School only at the accepted site. You may not relocate the School without our prior written consent, which we have the right to grant or deny as we deem best. Whether or not we will allow relocation depends on circumstances at the time and what is in the School's and our system's best interests. Factors include, for example, the new site's market area, its proximity to other Schools in our system, whether you are complying with your Franchise Agreement, and how long it will take you to open at the new site.

Conditions for relocation approval are (1) the new site and its lease are acceptable to us, (2) you pay us a reasonable relocation fee not to exceed $25,000, (3) you reimburse any costs we incur during the relocation process, (4) you confirm that your original Franchise Agreement remains in effect and governs the School's operation at the new site with no change in the franchise term or, at our option, you sign our then-current form of franchise agreement to govern the School's operation at the new site for a new franchise term, (5) you sign a general release, in a form satisfactory to us, of any and all claims against us and our owners, affiliates, officers, directors, employees, and agents, (6) you continue operating the School at its original site until we authorize its closure, and (7) you de-brand and de-identify the School's former premises within the timeframe we specify and at your own expense so it no longer is associated in any manner (in our

Source: Item 12 — TERRITORY (FDD pages 51–55)

What This Means (2025 FDD)

According to Big Blue Swim School's 2025 Franchise Disclosure Document, the franchisor does not 'approve' sites, but rather 'accepts' them. The specific location for a Big Blue Swim School must be one that the franchisor considers acceptable. If the location is not known when the Franchise Agreement is signed, an acceptable site must be found and secured within 210 days after the agreement's execution.

Big Blue Swim School identifies an exclusive Site Selection Area in the Franchise Agreement where the site must be located. Failure to find and secure a site within the 210-day timeframe gives Big Blue Swim School the right to terminate the Franchise Agreement. The franchisee can only operate a Big Blue Swim School at the accepted site and cannot relocate without prior written consent from the franchisor, which they may grant or deny.

Relocation approval is conditional and includes several requirements. The new site and its lease must be acceptable to Big Blue Swim School. The franchisee must pay a relocation fee, which cannot exceed $25,000, and reimburse any costs the franchisor incurs during the relocation process. The original Franchise Agreement must remain in effect, or at Big Blue Swim School's option, the franchisee must sign the then-current form of franchise agreement for a new franchise term. A general release of all claims against Big Blue Swim School and its affiliates must be signed. The franchisee must continue operating at the original site until the franchisor authorizes closure and de-brand the former premises so it is no longer associated with the Big Blue Swim School system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.