What is the definition of the 'Site Selection Period' for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The timeframe during which the School's site must be located, accepted, and secured within the Site Selection Area (the "Site Selection Period") will expire upon the earliest of (a) our acceptance of the School's site and Lease and giving you an amended and restated Exhibit A, (b) this Agreement's termination, or (c) two hundred ten (210) days after the Effective Date.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the Site Selection Period is the timeframe in which a franchisee must locate, have accepted, and secure a site for their school within their designated Site Selection Area. This period concludes at the earliest of three conditions: Big Blue Swim School's acceptance of the site and lease, the termination of the Franchise Agreement, or 210 days after the Effective Date of the agreement.
This means a prospective Big Blue Swim School franchisee has a limited time frame, generally 210 days from the franchise agreement's effective date, to find and secure an appropriate location. The franchisee's exclusive geographical area, known as the Site Selection Area, is defined in Exhibit A of the Franchise Agreement. The franchisee is responsible for evaluating and approving the site selection, although Big Blue Swim School may provide recommendations based on their criteria, including population density, visibility, traffic flow, and other commercial characteristics.
Big Blue Swim School retains the right to reject any site that does not meet their criteria or to require the franchisee to acknowledge in writing that a preferred site is accepted despite not being recommended. However, Big Blue Swim School will not unreasonably withhold acceptance of a site that aligns with favorable or successful locations from the past.
If a lease cannot be signed within the initial Site Selection Period, the franchisee can request two separate 30-day extensions, provided they demonstrate diligent efforts in the site selection and leasing process. These extensions are not available if Big Blue Swim School terminates the agreement due to the franchisee rejecting a Qualified Site. This highlights the importance of proactive and diligent site selection to ensure compliance with the agreement's terms and avoid potential termination.