What are the curable defaults that can lead to termination of a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| g. “Cause” defined curable defaults | 16 and 19.B of Franchise Agreement 5 of SaaS Agreement | You have 5 days to cure monetary, safety, and |
|---|---|---|
| insurance defaults; 10 days to cure rejection of | ||
| Qualified Site tendered to you; 10 days to satisfy | ||
| unpaid judgments of at least $25,000; 30 days to | ||
| pay suppliers and to cure other defaults not listed | ||
| in (h) below; 60 days to vacate attachment, | ||
| seizure, or levy of School or appointment of | ||
| receiver, trustee, or liquidator; and time allowed | ||
| by law to cure violations of material law. | ||
| In addition, we have the right to terminate the | ||
| Franchise Agreement immediately upon written | ||
| notice if the cost to repair the damage to the | ||
| School from a fire or other casualty exceeds a | ||
| certain damage threshold and you do not notify us | ||
| within a reasonable time after the casualty that | ||
| you either intend to repair the damage and operate | ||
| the School or elect not to repair the damage and | ||
| operate the School. | ||
| While termination of the Development Rights | ||
| Agreement does not impact any then-effective | ||
| franchise agreement, termination of a franchis | ||
| agreement entitles us to terminate the | ||
| Development Rights Agreement. | ||
| You have 10 days to cure monetary defaults and | ||
| 10 days to cure other defaults under SaaS | ||
| Agreement |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 61–69)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, there are several curable defaults that could lead to the termination of the franchise agreement. A franchisee has 5 days to cure monetary, safety, and insurance defaults. They also have 10 days to cure rejection of a Qualified Site tendered to them, to satisfy unpaid judgments of at least $25,000, and to cure other defaults under the SaaS Agreement.
A Big Blue Swim School franchisee has 30 days to pay suppliers and to cure other defaults not specifically listed as non-curable. Additionally, a franchisee has 60 days to vacate any attachment, seizure, or levy of the School or appointment of receiver, trustee, or liquidator. The franchisee also has the time allowed by law to cure violations of material law.
Furthermore, Big Blue Swim School has the right to terminate the Franchise Agreement immediately upon written notice if the cost to repair damage to the School from a fire or other casualty exceeds a certain damage threshold, and the franchisee does not notify Big Blue Swim School within a reasonable time after the casualty that they either intend to repair the damage and operate the School or elect not to repair the damage and operate the School. These cure periods and conditions are important for a prospective franchisee to understand, as failure to address these defaults within the specified timeframes can result in the termination of their franchise agreement.