What exclusive rights does a Big Blue Swim School franchisee have within the Area of Protection?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
During the franchise term, we and our affiliates will not own or operate, or allow another franchisee or licensee to own or operate, another BIG BLUE Swim School (operating the Swim School Concept) having its physical location within the Area of Protection. This means that you have exclusive rights in the Area of Protection for the Swim School Concept operating under the Marks. Continuation of your franchise and exclusivity does not depend on your achieving a certain sales volume, market penetration, or other contingency.
Except for this exclusivity to the BIG BLUE Swim School Swim School Concept (i.e., no other BIG BLUE Swim School operating the Swim School Concept may have its physical location within the Area of Protection), we and our affiliates retain all rights with respect to BIG BLUE Swim Schools, the Marks, the offer and sale of similar or dissimilar services and products, and any other activities we and they deem appropriate, whenever and wherever we and they desire, whether inside or outside the Area of Protection. Those rights include the following:
Source: Item 12 — TERRITORY (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, a franchisee receives an Area of Protection around their school, the specifics of which are detailed in the Franchise Agreement. Big Blue Swim School estimates this area to be approximately a 10 to 15 minute radius from the school's location. The exact boundaries are determined by identifiable landmarks such as streets and highways. This Area of Protection may be modified if the school relocates during the franchise term.
Within the Area of Protection, Big Blue Swim School and its affiliates will not operate or allow another franchisee or licensee to operate another Big Blue Swim School that operates the Swim School Concept. This grants the franchisee exclusive rights to operate a Big Blue Swim School using the Swim School Concept and Marks within that defined area. The continuation of these exclusive rights is not dependent on achieving specific sales volumes, market penetration, or other performance-based contingencies.
However, this exclusivity is limited to the Big Blue Swim School Swim School Concept. Big Blue Swim School retains the right to conduct other activities, offer similar services and products, and utilize the Big Blue Swim School Marks both inside and outside the Area of Protection. This includes the right to operate Big Blue Swim Schools that do not operate the Swim School Concept within the Area of Protection, as well as the right to offer and sell services and products similar to those offered by Big Blue Swim School through other channels, provided they are not through another Big Blue Swim School operating the Swim School Concept within the Area of Protection.