What is the dependency between site acceptance and Exhibit A for a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- The exclusive Site Selection Area is reflected in the description and image on the attached map. The Site Selection Area is simply the geographical area within which we will look for the School's site. It will not determine the size or description of the Area of Protection. 2. The School's physical address is If you have not found and secured the School's site as of the Effective Date, we and you will identify the School's physical address in the blank above after you find and secure the site. 3. obligation to grant, the School relocates.) The School's Area of Protection is reflected in the description and image on the attached map. If you have not found and secured the School's site as of the Effective Date, we and you will define the Area of Protection in the blank above (and, if applicable, on the attached map) after you find and secure the site. If there is a conflict between the narrative description above and the attached map, the narrative description will control. (We may modify the Area of Protection during the Franchise Agreement term if, with our prior written permission, which we have no
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Exhibit A, which defines the franchisee's exclusive Site Selection Area and Area of Protection, is dependent on the acceptance of the school's site. The initial Exhibit A describes the geographical area where the franchisee will look for a site. However, the specific physical address of the Big Blue Swim School and the final Area of Protection are not defined until a site is secured.
Once a site is found and secured, Big Blue Swim School will provide an amended and restated Exhibit A. This updated exhibit will include the school's physical address and a defined Area of Protection, which specifies the geographical area within which the franchisor will not operate or allow another franchisee to operate a competing Big Blue Swim School. This Area of Protection ensures a degree of exclusivity for the franchisee within their territory.
This dependency means that a prospective Big Blue Swim School franchisee's territorial rights, as defined by the Area of Protection, are not fully established until a suitable site is located and approved by the franchisor. The franchisee should pay close attention to the site selection process and understand how the final location will impact the Area of Protection detailed in the amended Exhibit A. The franchisee should also note that Big Blue Swim School retains the right to modify the Area of Protection under certain conditions as outlined in Exhibit A.