What is the duration of the Site Selection Period for a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
If the School's address is unknown as of the Effective Date, this Section 4.B will govern the site selection and acceptance process. Within two hundred ten (210) days after the Effective Date, but subject to the potential extensions described below in Section 4.C, an acceptable site for the School within the exclusive geographical area described in Exhibit A (the "Site Selection Area") must be found and secured. The timeframe during which the School's site must be located, accepted, and secured within the Site Selection Area (the "Site Selection Period") will expire upon the earliest of (a) our acceptance of the School's site and Lease and giving you an amended and restated Exhibit A, (b) this Agreement's termination, or (c) two hundred ten (210) days after the Effective Date.
- 4.B.2 We may (but have no obligation to) visit the Site Selection Area to review potential School sites. Using local commercial real estate brokers, we may recommend potential School sites for your consideration. Recommendation of a School's site will be based on our then-current criteria for BIG BLUE Swim School sites, including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics.
- 4.B.3 We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School.
- 4.B.4 You must evaluate and ultimately approve the selection of the School's site. Our recommendation and acceptance of a site indicates only that we believe the site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. Applying criteria appearing effective with other sites might not accurately reflect the potential of all sites, and demographic or other factors included in or excluded from our criteria could change, altering a site's potential. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a particular site fails to meet your expectations. Once a proposed site is accepted and secured, we will list the accepted site's location as the School's address in Exhibit A.
As noted above, subject to the potential extensions described below in Section 4.C, if an acceptable School site is not found and secured within two hundred ten (210) days after the Effective Date, we may terminate this Agreement upon written notice to you. In addition, notwithstanding anything to the contrary appearing in this Section 4, we may terminate this Agreement if you reject a School site the location and physical and other characteristics of which, and the proposed commercial lease terms for which (as encompassed in a lease letter of intent that we or the Project/Construction Manager negotiated or reviewed), were accepted by our real estate committee (a "Qualified Site").
4.B.5 You may not relocate the School to a new site without our prior written consent, which we may grant or deny as we deem best.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the Site Selection Period, which is the timeframe for locating, accepting, and securing a site, lasts for 210 days from the Effective Date of the Franchise Agreement. This period is subject to potential extensions. The Site Selection Period concludes when Big Blue Swim School accepts the site and lease, provides an amended Exhibit A, the agreement terminates, or 210 days pass after the Effective Date, whichever occurs first.
Big Blue Swim School may recommend potential sites using local commercial real estate brokers, based on criteria like population density, visibility, traffic flow, competition, accessibility, size, and other characteristics. While Big Blue Swim School will not unreasonably withhold acceptance of a site that aligns with favorable characteristics, the franchisee ultimately approves the site selection. Big Blue Swim School can reject sites not meeting their criteria or require written acknowledgment that a preferred site is accepted despite its incompatibility with certain factors.
A franchisee must sign a Lease by the end of the Site Selection Period. However, the document states that if a franchisee is unable to sign a Lease by the end of the Site Selection Period, despite diligent efforts, they can request two separate 30-day extensions at no cost. Big Blue Swim School will not unreasonably deny these requests if the franchisee demonstrates diligence in the site selection and leasing process. These extensions are not available if Big Blue Swim School terminates the Agreement because the franchisee rejects a Qualified Site.