What are the exceptions to the continuous operation requirement for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.B.5 you (a) abandon the School, meaning you have deserted, walked away from, or closed the School under circumstances leading us to conclude that you have no intent to return to the School, regardless of how many days have passed since the apparent abandonment, or (b) fail actively and continuously to operate the School for at least three (3) consecutive days (except where closure is due to fire, riot, flood, terrorist acts, or natural disaster and you notify us within three (3) days after the particular occurrence to obtain our written approval to remain closed for an agreed-upon amount of time as is necessary under the circumstances before we will require you to re-open);
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, a franchisee must actively and continuously operate their swim school. However, there are specific exceptions to this requirement.
The primary exception outlined in the FDD allows for closure due to certain events beyond the franchisee's control. These events include fire, riot, flood, terrorist acts, or natural disaster. In such cases, the franchisee must notify Big Blue Swim School within three days of the event and obtain written approval to remain closed. This approval will specify an agreed-upon amount of time necessary under the circumstances before requiring the franchisee to reopen.
This clause protects the franchisee from being penalized for temporary closures caused by unforeseen and uncontrollable events, provided they communicate promptly with Big Blue Swim School and adhere to the agreed-upon timeframe for reopening. Without proper notification and approval, failure to continuously operate the Big Blue Swim School for at least three consecutive days could be grounds for the franchisor to take action against the franchisee.