What deadline must a franchisee satisfy regarding lease execution for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| New BIG BLUE Swim School | Single Deadline by Which Lease, Franchise Agreement, and SaaS Agreement for the Specific New Franchised BIG BLUE Swim School Must be Signed by You (or Approved Affiliate) (we expect all three documents to be signed at same time) | Deadline by Which Specific New Franchised BIG BLUE Swim School Must be Opened by You (or Approved Affiliate) and Operating in Territory |
|---|---|---|
| #1 | For 1st BIG BLUE Swim School only, Franchise Agreement and SaaS Agreement are signed concurrently with this DRA Lease Execution Deadline for 1st BIG BLUE Swim School is: | 14 months after date on which lease for BIG BLUE Swim School is signed (even if lease is signed before Lease Execution Deadline appearing in previous column)* |
| #2 | 14 months after date on | |
| which lease for BIG | ||
| BLUE Swim School is | ||
| signed (even if lease is | ||
| signed before Lease | ||
| Execution Deadline | ||
| appearing in previous | ||
| column)* |
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, franchisees must adhere to specific deadlines for signing the lease, franchise agreement, and SaaS agreement for each new franchised location. These deadlines are outlined in a schedule within the Development Rights Agreement (DRA). For the first Big Blue Swim School, the franchise and SaaS agreements are signed concurrently with the DRA. The lease execution deadline for the first location is a date to be inserted in the schedule. For subsequent locations, there is also a date to be inserted in the schedule.
Big Blue Swim School requires that the lease, franchise agreement, and SaaS agreement be signed around the same time. The opening deadline for each new franchised Big Blue Swim School is 14 months after the lease is signed, even if the lease is signed before the lease execution deadline. This strict adherence to deadlines is crucial, as time is of the essence under the DRA, and failure to comply with the development obligations in the schedule can lead to termination of the agreement without any opportunity to cure the default.
To maintain their rights under the DRA, Big Blue Swim School franchisees must sign the necessary agreements and have their swim schools open and operating by the specified deadlines. Any extensions granted under a franchise agreement apply only to the specific swim school for which the extension was obtained and do not impact other deadlines under the schedule. The DRA also specifies that each Big Blue Swim School must operate continuously throughout the term of the agreement in full compliance with its franchise agreement to retain the franchisee's rights.
Big Blue Swim School also requires written acceptance of any lease or sublease governing the franchisee's occupancy of the site before it is signed. The franchisor may provide guidance in the leasing process but will not negotiate the lease or provide legal advice. If a franchisee rejects a qualified site for their second or subsequent location and does not correct this within ten days of written notice, Big Blue Swim School has the right to lease the site themselves or grant the rights to another franchisee.