What must I do with Big Blue Swim School's copyrighted items while operating my school?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
t currently need not do so to protect them. You may use copyrighted items only as we specify while operating your School (and must stop using them at our direction). You have no other rights under the Franchise Agreement with respect to a copyrighted item if we require you to modify or discontinue using the subject matter covered by the copyright. Our right to use many of the copyrighted materials described above and much of the Confidential Information described below arises from the same License Agreement described in Item 13.
There currently are no effective adverse material determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. Except for our agreement with Big Blue IP, no agreement limits our right to use or allow others to use copyrighted materials.
We do not actually know of any infringing uses of our or Big Blue IP's copyrights that could materially affect your using them in any state. We and Big Blue IP need not protect or defend copyrights, although we intend to do so if in the system's best interests. We and Big Blue IP have the right to control any action we choose to bring, even if you voluntarily bring the matter to our attention. You must follow any instructions we give you. We and Big Blue IP need not participate in your defense of and/or indemnify you for damages or expenses incurred in a copyright proceeding. However, we will defend you against any claim that our LESSONBuddy software infringes a patent or copyright in the United States.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, franchisees are permitted to use copyrighted materials only as specified by Big Blue Swim School while operating their school. This usage must cease if directed by Big Blue Swim School. The copyrighted items include the Operations Manual, school blueprints and design features, signage, graphics and design elements used in Marketing Materials, Marketing Materials, software, the System Website, and LESSONBuddy. Franchisees do not have additional rights to copyrighted items if Big Blue Swim School requires modifications or discontinuation of their use. Big Blue Swim School retains the right to control any action regarding copyright infringements, even if the franchisee brings it to their attention, and franchisees must follow their instructions.
Big Blue Swim School does not have to participate in the franchisee's defense or indemnify them for damages or expenses in a copyright proceeding, except that Big Blue Swim School will defend the franchisee against claims that their LESSONBuddy software infringes a patent or copyright in the United States. Franchisees must also promptly disclose all ideas, concepts, techniques, or materials relating to Big Blue Swim School, referred to as "Innovations," regardless of whether they are protectable intellectual property. These Innovations belong to Big Blue Swim School as works made-for-hire.
If an Innovation does not qualify as a work made-for-hire, the franchisee must assign ownership and all related rights to Big Blue Swim School. The franchisee must sign any documents requested by Big Blue Swim School to evidence their ownership and help them obtain intellectual property rights in the Innovation. Franchisees cannot use any Innovation in operating the school without prior written approval from Big Blue Swim School. The Development Rights Agreement does not grant franchisees rights to use any intellectual property; these rights are only granted under the Franchise Agreements signed with Big Blue Swim School.