To whom can Big Blue Swim School delegate its obligations under the Franchise Agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the unrestricted right to assign this right of first refusal to a third party (including an affiliate), which then will have the rights described in this Section 17.G. (All references in this Section 17.G to "we" or "us" include our assignee if we have exercised our right to assign this right of first refusal to a third party.) We waive our right of first refusal for sales or transfers to Immediate Family members meeting the criteria in Section 17.C.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, Big Blue Swim School has the unrestricted right to assign its right of first refusal to a third party, including an affiliate. If Big Blue Swim School exercises this right, all references to "we" or "us" in Section 17.G of the agreement will include their assignee.
This means that Big Blue Swim School can transfer its right to buy the franchise back if a franchisee wants to sell to someone else. This right can be assigned to another company, which could be a related company or someone else entirely.
For a potential franchisee, this indicates that the right of first refusal might be exercised by someone other than Big Blue Swim School, adding a layer of complexity to future transactions involving the franchise. It is important to understand who the potential assignee might be and how this could affect the franchisee's ability to sell or transfer the franchise in the future.