What must I disclose to Big Blue Swim School regarding Innovations related to the Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly disclose to us all ideas, concepts, techniques, or materials relating to a BIG BLUE Swim School ("Innovations"), whether or not protectable intellectual property and whether created by or for you or your owners, employees, or contractors. Innovations belong to and are works made-for-hire for us. If any Innovation does not qualify as a "work made-for-hire" for us, you assign ownership of and all related rights to that Innovation to us and must sign (and cause your owners, employees, and contractors to sign) whatever assignment or other documents we periodically request to evidence our ownership and to help us obtain intellectual property rights in the Innovation. You may not use any Innovation in operating the School without our prior written approval.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, franchisees must promptly disclose all ideas, concepts, techniques, or materials relating to Big Blue Swim School, referred to as "Innovations." This disclosure requirement applies regardless of whether these Innovations are protectable intellectual property. It also applies regardless of whether the Innovation was created by the franchisee, their owners, employees, or contractors.
Big Blue Swim School asserts that all Innovations belong to them and are considered works made-for-hire. If an Innovation does not legally qualify as a work made-for-hire, the franchisee must assign ownership and all related rights to Big Blue Swim School. This includes signing (and ensuring that their owners, employees, and contractors sign) any assignment or other documents that Big Blue Swim School requests to evidence their ownership and to help them obtain intellectual property rights in the Innovation.
Furthermore, franchisees are prohibited from using any Innovation in operating their Big Blue Swim School without obtaining prior written approval from Big Blue Swim School. This means that even if a franchisee develops a new method or material that improves operations, they cannot implement it without the franchisor's consent. This requirement ensures that Big Blue Swim School maintains control over its brand standards and operational procedures, while also allowing them to incorporate successful Innovations across the franchise system.