What is the definition of 'Person' in the Big Blue Swim School franchise agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
"Person" means any natural person, corporation, limited liability company, general or limited partnership, unincorporated association, cooperative, or other legal or functional entity. Unless otherwise specified, all references to a number of days mean calendar days and not business days. The term "School" includes all assets of the BIG BLUE Swim School you operate under this Agreement, including its revenue and income. "Include," "including," and words of similar import will be interpreted to mean "including, but not limited to," and the terms following such words will be interpreted as examples, and not an exhaustive list, of the appropriate subject matter.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the term "Person" is broadly defined within the franchise agreement. It encompasses any natural person, corporation, limited liability company, general or limited partnership, unincorporated association, cooperative, or other legal or functional entity. This inclusive definition ensures that the agreement applies to a wide range of potential franchisees and business structures.
This definition is important because it clarifies who can be a Big Blue Swim School franchisee and ensures that the obligations and responsibilities outlined in the franchise agreement apply regardless of the franchisee's specific legal structure. For example, whether the franchisee is an individual, a corporation, or a partnership, they are all considered a "Person" under the agreement and are therefore bound by its terms.
Furthermore, the franchise agreement specifies that unless otherwise stated, all references to a number of days refer to calendar days, not business days. The term "School" includes all assets of the Big Blue Swim School operated under the agreement, including its revenue and income. The terms "Include," "including," and words of similar import will be interpreted to mean "including, but not limited to," and the terms following such words will be interpreted as examples, and not an exhaustive list, of the appropriate subject matter. This clarification helps to avoid ambiguity and ensures that the agreement is interpreted consistently.
Prospective franchisees should carefully review these definitions and how they apply to their specific circumstances. Understanding these terms is crucial for comprehending the rights and obligations under the Big Blue Swim School franchise agreement.