Who exercises day-to-day control over a Big Blue Swim School's operation?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
While we maintain the right to issue and modify Brand Standards, you alone exercise day-to-day control over the School's operation and remain solely responsible for compliance with Brand Standards, which may include any one or more of the following:
We and you are entering this Agreement with the intent and expectation that we and you are and will be independent contractors. Further, we and you are not and do not intend to be partners, joint venturers, associates, or employees of the other in any way, and we (and our affiliates) will not be construed to be jointly liable for any of your acts or omissions under any circumstances. We (and our affiliates) are not the employer or joint employer of the School's employees. Your Managing Owner, general managers, and assistant managers are solely responsible for managing and operating the School and supervising the School's employees. You agree to identify yourself conspicuously in all dealings with customers, suppliers, public officials, School personnel, and others as the School's owner, operator, and manager under a franchise we have granted and to place notices of independent ownership at the School and on the forms, business cards, stationery, advertising, e-mails, and other materials we require from time to time.
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 franchisee alone exercises day-to-day control over the Swim School's operation. However, the franchisee remains solely responsible for compliance with Big Blue Swim School's Brand Standards. These standards may direct any aspect of the School's operation and maintenance that impacts the goodwill associated with the Marks, the Franchise System, and Big Blue Swim Schools.
Big Blue Swim School maintains the right to modify these Brand Standards periodically. These standards can direct any aspect of the School's operation and maintenance that impacts the goodwill associated with the Marks, the Franchise System, and Big Blue Swim Schools. This means that while franchisees manage the daily operations, they must adhere to the standards set by the franchisor to maintain brand consistency and quality.
While the franchisee has control over the day-to-day operations, Big Blue Swim School specifies that the franchisee's Managing Owner, general managers, and assistant managers are solely responsible for managing and operating the School and supervising the School's employees. The franchisor is not the employer or joint employer of the School's employees. The franchisee is also responsible for labor relations and employment practices, including employee selection, promotion, termination, hours worked, rates of pay, and other benefits.