What are some examples of activities that are NOT included in the Big Blue Swim School's Swim School Concept?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We and certain of our affiliates (a) have created, designed, and developed a swim school concept identified by the Marks (defined below) that currently provides a proprietary curriculum of swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old (the "Swim School Concept"), and (b) also may permit other services provided in a swimming pool (the "Ancillary Services") that are not encompassed within the Swim School Concept. We and such affiliates currently use, promote, and license certain trademarks, service marks, and other commercial symbols for the Swim School Concept and Ancillary Services, including "BIG BLUE SWIM SCHOOL®," and from time to time may create, use, and license new trademarks, service marks, and commercial symbols (collectively, the "Marks"). One of our affiliates currently owns the Marks, the Confidential Information (defined in Section 9 below), and all aspects of our branded system and licenses that intellectual property to us for use in our franchise program for BIG BLUE Swim Schools operating the Swim School Concept ("BIG BLUE Swim Schools"). The definition of "Swim School Concept" expressly excludes a swim-related business, whether or not operated under the Marks, whose core activities are anything other than providing swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old, including, for example but without limitation, competitive swimming in lower-temperature water, coaching and video analysis, laps, wave pools, and any Ancillary Services.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the Swim School Concept focuses on providing a specific curriculum. It includes swim lessons and skills taught in approximately 90-degree water to children aged three months to twelve years.
The definition of "Swim School Concept" expressly excludes a swim-related business, whether or not operated under the Marks, whose core activities are anything other than providing swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old. Examples of activities not included in the Swim School Concept are competitive swimming in lower-temperature water, coaching and video analysis, laps, and wave pools.
Big Blue Swim School also may permit other services provided in a swimming pool (the "Ancillary Services") that are not encompassed within the Swim School Concept. These Ancillary Services are separate from the core swim lessons and skills program. This distinction is important for franchisees as it clarifies the scope of the core business they are expected to operate and what falls outside of it.