What aspects of a Big Blue Swim School's operation are covered by Brand Standards?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to comply with all Brand Standards, as we may periodically modify them, as if they were part of this Agreement. You may not offer, sell, or provide at or from the School any services or products not authorized in the Operations Manual. You must offer, sell, and provide all services and products we prescribe from time to time. We may change such services and products 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. While we maintain the right to issue and modify Brand Standards, you alone exercise day-to-day control over the School's operation and remain solely responsible for compliance with Brand Standards, which may include any one or more of the following:
7.A. Condition and Appearance of School
You may not use, or allow another to use, any part of the School for any purpose other than operating a BIG BLUE Swim School in compliance with this Agreement. You must place or display at the School (interior and exterior), according to our guidelines, only those signs, emblems, designs, artwork, lettering, logos, and display and advertising materials we periodically specify. You agree to maintain the condition and appearance of the School, the site, and the Operating Assets in accordance with Brand Standards. Without limiting that obligation, you must take the following actions during the Term at your own expense: (1) thorough cleaning, repainting, and redecorating of the School's interior and exterior at intervals we periodically specify and at our direction; (2) interior and exterior repair of the School and the site as needed; and (3) repair or replacement, at our direction, of damaged, worn-out, unsafe, non-functioning, or obsolete Operating Assets at intervals we periodically specify (or, if we do not specify an interval for replacing an Operating Asset, as that Operating Asset needs to be replaced in order to provide services required to be offered by BIG BLUE Swim Schools in compliance with Brand Standards).
In addition to your obligations described above in clauses (1) through (3), we periodically may modify Brand Standards, which may accommodate regional or local variations, and those modifications may obligate you to invest additional capital in the School and/or incur higher operating costs. You agree to implement any changes in mandatory Brand Standards within the time period we request as if they were part of this Agreement on the Effective Date. However, except for:
- (a) changes in the Computer System;
- (b) changes in signage and logo (i.e., School exterior and interior graphics);
- (c) changes provided in Sections 17.C(f) and (h) in connection with a transfer;
- (d) changes required by the Lease or applicable Law; and
- (e) your obligations in clauses (1) through (3) in the first paragraph of this Section 7.A,
for all of which the timing and amounts are not limited during the Term, we will not obligate you to make any capital modifications:
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 59–61)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, Brand Standards can direct any aspect of a school's operation and maintenance that impacts the goodwill associated with the Big Blue Swim School brand, marks, and franchise system. While Big Blue Swim School maintains the right to issue and modify Brand Standards, the franchisee exercises day-to-day control over the school's operation and remains solely responsible for compliance with Brand Standards.
The FDD specifies that franchisees must maintain the condition and appearance of the school, site, and operating assets according to Brand Standards. This includes thorough cleaning, repainting, and redecorating the interior and exterior at specified intervals, as well as interior and exterior repairs as needed. Franchisees are also responsible for repairing or replacing damaged, worn-out, unsafe, non-functioning, or obsolete operating assets to maintain the services required by Big Blue Swim Schools.
Big Blue Swim School may modify Brand Standards, potentially accommodating regional or local variations, which could require franchisees to invest additional capital or incur higher operating costs. Franchisees must implement any changes in mandatory Brand Standards within the requested time period as if they were part of the original agreement. However, there are some exceptions to capital modifications, such as changes in the computer system, signage and logo, requirements due to a transfer, changes required by the lease or applicable law, and obligations related to cleaning, repainting, and repairs.