What are Brand Standards for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
g or an assignment for the benefit of creditors is commenced by or against you, your owners, or the School, or (v) there is any incident at the School affecting the health, safety, or well-being of a child.
7.C. Compliance with Brand Standards
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:
- (1) Ancillary Services, required and/or authorized services and products; unauthorized and prohibited services and products; and inventory requirements so the School may operate at full capacity. We always have the right to approve or disapprove in advance all items and services to be used or sold by the School. We may withdraw our approval of previously-authorized products and services;
- (2) sales, marketing, advertising, and promotional programs and the materials and media used in those programs, including participating in and complying with the requirements of any special advertising, marketing, and promotional programs we periodically specify;
- (3) adequate staffing levels to operate the School in compliance with Brand Standards, appearance of School personnel, conducting criminal background checks and due diligence on the School's employees (although you alone will review the results and make employment decisions on the basis of those results), and courteous service to customers. However, you have sole responsibility and authority for your labor relations and employment practices, including, among other things, employee selection, promotion, termination, hours worked, rates of pay, benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. School employees are exclusively
under your control at the School.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, franchisees must comply with all brand standards, which Big Blue Swim School may modify periodically. These standards are treated as part of the franchise agreement. Franchisees cannot offer services or products not authorized in the Operations Manual but must offer all services and products that Big Blue Swim School prescribes. These offerings may change from time to time and from market to market. Brand standards can direct any aspect of the school's operation and maintenance that impacts the goodwill associated with the Big Blue Swim School brand, marks, and franchise system.
Big Blue Swim School has the right to issue and modify brand standards, but the franchisee maintains day-to-day control over the school's operation and is responsible for compliance. Brand standards may relate to various aspects of the school's operation and maintenance. The confidential information related to developing and operating Big Blue Swim Schools includes information in the Operations Manual and brand standards, including the proprietary school curriculum.
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 school's 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. Big Blue Swim School may modify brand standards, potentially requiring additional capital investment or higher operating costs, and franchisees must implement these changes within the requested timeframe.