In the event of conflicting laws, which law prevails for a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Any incongruities or conflicts, whether in fact or by operation of law, between the terms of this License and the Franchise Agreements shall be construed in the light most favorable to Licensor and in such a manner as to effectuate the intent of Licensor hereunder and the provisions of the Franchise Agreements. In the case of an unresolvable conflict between the License and the Franchise Agreements, the terms of the Franchise Agreements shall supersede and apply herein.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the terms of the Franchise Agreements take precedence in the event of any conflicts. Specifically, this applies to conflicts between the Software License and the Franchise Agreements.
Big Blue Swim School states that any inconsistencies or conflicts, whether in fact or by operation of law, between the terms of the License and the Franchise Agreements will be interpreted in a way that favors the franchisor and aligns with the intent and provisions outlined in the Franchise Agreements.
In situations where a conflict between the License and the Franchise Agreements cannot be resolved through interpretation, the terms specified in the Franchise Agreements will supersede and govern the relationship. This ensures that the core franchising terms prevail over any potentially conflicting terms within the software license agreement.