Can Big Blue Swim School develop, operate, and change the Franchise System in any manner?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Because complete and detailed uniformity under many varying conditions might not be possible or practical, we specifically reserve the right and privilege, as we deem best according to our business judgment, to vary Brand Standards or other aspects of the Franchise System for any franchisee. You have no right to require us to grant you a similar variation or accommodation.
We have the right to develop, operate, and change the Franchise System in any manner this Agreement does not specifically prohibit. Whenever this Agreement reserves our right to take or withhold an action, or to grant or decline to grant you the right to take or omit an action, we may, except as this Agreement specifically provides, make our decision or exercise our rights based on information then available to us and our judgment of what is best for us, BIG BLUE Swim School franchisees generally, or the Franchise System when we make our decision, whether or not we could have made other reasonable or even arguably preferable alternative decisions and whether or not our decision promotes our financial or other individual interest.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, Big Blue Swim School retains the right to develop, operate, and change the Franchise System in any manner not specifically prohibited by the franchise agreement. This means that Big Blue Swim School has broad discretion to modify various aspects of the franchise system as it deems necessary for the benefit of the brand or the system as a whole.
This discretion extends to varying Brand Standards or other aspects of the Franchise System for any franchisee, based on Big Blue Swim School's business judgment. However, franchisees do not have the right to demand similar variations or accommodations. Big Blue Swim School's decisions regarding actions or rights within the agreement can be based on available information and its judgment of what is best for the company, franchisees, or the Franchise System.
This clause emphasizes that Big Blue Swim School's decisions do not necessarily have to be the most reasonable or preferable alternatives, nor do they need to promote the franchisee's individual financial interests. The franchisor's judgment will prevail, giving them considerable latitude in how they manage and evolve the Big Blue Swim School system. This is a fairly standard clause in franchise agreements, as it allows the franchisor to adapt to changing market conditions and maintain brand consistency.