How does Big Blue Swim School determine the precise contours of the Area of Protection?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You will receive an Area of Protection around your School. We will identify and describe the Area of Protection in the Franchise Agreement before you sign it unless the School's site has not yet been found and secured. In that case, we will define the Area of Protection after the site
has been found and secured within the Site Selection Area. We expect the Area of Protection to be approximately 10 to 15 minutes from your site (if already found when you sign the Franchise Agreement) or from the center of your proposed trade area (if the site has not been found as of when you sign the Franchise Agreement). We will determine the Area of Protection's precise contours based on demarcation points such as streets, highways, and other markers*.* We have the right to modify the Area of Protection during the franchise term only if the School relocates.
During the franchise term, we and our affiliates will not own or operate, or allow another franchisee or licensee to own or operate, another BIG BLUE Swim School (operating the Swim School Concept) having its physical location within the Area of Protection. This means that you have exclusive rights in the Area of Protection for the Swim School Concept operating under the Marks. Continuation of your franchise and exclusivity does not depend on your achieving a certain sales volume, market penetration, or other contingency.
Except for this exclusivity to the BIG BLUE Swim School Swim School Concept (i.e., no other BIG BLUE Swim School operating the Swim School Concept may have its physical location within the Area of Protection), we and our affiliates retain all rights with respect to BIG BLUE Swim Schools, the Marks, the offer and sale of similar or dissimilar services and products, and any other activities we and they deem appropriate, whenever and wherever we and they desire, whether inside or outside the Area of Protection. Those rights include the following:
Source: Item 12 — TERRITORY (FDD pages 51–55)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the Area of Protection granted to a franchisee is determined by Big Blue Swim School. The Area of Protection will be identified and described in the Franchise Agreement. If a site has not been secured when the Franchise Agreement is signed, the Area of Protection will be defined after the site has been secured within the Site Selection Area.
Big Blue Swim School expects the Area of Protection to extend approximately 10 to 15 minutes from the franchisee's site, or from the center of the proposed trade area if a site hasn't been found when the Franchise Agreement is signed. The precise boundaries of the Area of Protection are based on demarcation points such as streets, highways, and other markers. Big Blue Swim School retains the right to modify the Area of Protection during the franchise term if the Big Blue Swim School location is relocated.
During the franchise term, Big Blue Swim School and its affiliates will not operate or allow another franchisee or licensee to operate another Big Blue Swim School (operating the Swim School Concept) within the Area of Protection. This grants the franchisee exclusive rights within the Area of Protection for the Swim School Concept operating under the Marks. The continuation of the franchise and exclusivity is not dependent on achieving specific sales volumes, market penetration, or other performance-based contingencies. However, this exclusivity only applies to other Big Blue Swim Schools operating the Swim School Concept, as Big Blue Swim School and its affiliates retain all other rights regarding the brand, marks, and the offer and sale of similar or dissimilar services and products, both inside and outside the Area of Protection.