Does the Big Blue Swim School FDD include a copy of the Software as a Service Agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed by their undersigned duly authorized representatives as of the Effective Date.
LICENSOR LICENSEE
Big Blue Swim School Franchising, LLC, an Illinois limited liability company
SOFTWARE AS A SERVICE AGREEMENT
EXHIBIT A
DESCRIPTION OF SOFTWARE
This Exhibit is a part of and must be read in conjunction with that certain SOFTWARE AS A SERVICE AGREEMENT dated as of the Effective Date between Licensor and Licensee.
Software: LessonBuddy®
The Software may include, without limitation, portions of software code proprietary to third party who are the owners and/or copyright holders of such software. All such software is sublicensed to Licensee under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, the franchise agreement includes a Software as a Service Agreement (SaaS). The agreement outlines the terms and conditions for franchisees to remotely access and use Big Blue Swim School's proprietary LessonBuddy® software.
The SaaS agreement includes exhibits that further define key aspects of the agreement. Exhibit A provides a description of the LessonBuddy® software, noting that it may include software code proprietary to third parties who sublicense their software to the franchisee under the agreement. Exhibit B specifies the Franchise Agreements relevant to the Licensee.
This agreement also states that any modifications must be agreed upon in writing by both parties. It also specifies that in any legal action connected to the SaaS agreement, the prevailing party is entitled to recover costs and expenses, including attorney's fees. The inclusion of the SaaS agreement ensures that franchisees understand their rights and obligations regarding the software they will use to manage their Big Blue Swim School franchise.