What form does the Lease Rider take in the Big Blue Swim School agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
as well as the direct and indirect owners of such entity (attach | | | Owner's Name | | Description of Interest | | | | | | | | | | | | | | (C) | Managing Owner. Franchisee's | | | | | Managing Owner is His or her contact information for notice is |
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BIG BLUE SWIM SCHOOL FRANCHISING, LLC, an Illinois limited [INSERT FRANCHISEE NAME], a(n) [insert state of formation] liability company
EXHIBIT D TO THE BIG BLUE SWIM SCHOOL FRANCHISING, LLC FRANCHISE AGREEMENT
LEASE RIDER
LEASE PROVISIONS FOR BIG BLUE SWIM SCHOOL FRANCHISES
The following provisions must be inserted into the lease for the School you will operate under the "BIG BLUE SWIM SCHOOL®" brand (the "Lease"). You may add this language via a rider or addendum to your Lease as long as the rider or addendum is signed by both the tenant and the landlord. Please send us a copy of the signed Lease and any riders or addenda.
REQUIRED LANGUAGE:
- A. During the Term of the franchise agreement (the "Franchise Agreement") between Tenant and BIG BLUE SWIM SCHOOL FRANCHISING, LLC ("BBSS"), Tenant will use the premises only to operate a BIG BLUE Swim School.
- B. Landlord agrees that BBSS, or a Franchisee of the BBSS Franchise System selected by BBSS, shall have the right to receive an assignment of this Lease upon transfer, termination or expiration of the Franchise Agreement between BBSS and Tenant, d/b/a BIG BLUE Swim School. Upon such transfer, termination or expiration of said Franchise Agreement, Landlord shall promptly execute an acknowledgement of and consent to the assignment of the Lease.
- C. Landlord will send to BBSS copies of all default notices, and all notices of Landlord's intent to terminate the Lease (or any rights of Tenant under the Lease) or evict Tenant from the leased premises, simultaneously with sending such notices to Tenant. Such notice shall be delivered to BBSS in writing by overnight delivery by FedEx or other nationally-recognized overnight courier. Landlord and Tenant hereby acknowledge and agree that BBSS has the right, but is under no obligation, to cure any deficiency under the Lease, if Tenant should fail to do so, within (i) fifteen (15) days after Franchisor's receipt of such notice as to monetary defaults or (ii) thirty (30) days after Franchisor's receipt of such notice as to non-monetary defaults. Such copies must be sent to:
BIG BLUE SWIM SCHOOL FRANCHISING, LLC
112 Krog Street NE, Suite D-135 Atlanta, Georgia 30307 Attn: President
D. Consent to Collateral Assignment to Franchisor; Disclaimer. Landlord acknowledges that Tenant intends to operate a BIG BLUE Swim School in the Premises, and that Tenant's rights to operate a BIG BLUE Swim School and to use the trade and service marks set forth on Exhibit "A" to this Rider are solely pursuant to a franchise agreement dated __________, 20__ (the "Franchise Agreement") between Tenant and Big
Blue Swim School Franchising, LLC (the "Franchisor"). Tenant's operations at the Premises are independently owned and operated. Landlord acknowledges that Tenant alone is responsible for all obligations under the Lease unless and until Franchisor or another franchisee expressly, and in writing, assumes such obligations and takes actual possession of the Premises.
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 lease for the School operated under the Big Blue Swim School brand must include specific provisions. This language can be added to the lease through a rider or addendum, provided it is signed by both the tenant and the landlord. Franchisees are required to send Big Blue Swim School Franchising, LLC a copy of the signed lease along with any riders or addenda.
The Lease Rider is attached to the Franchise Agreement as Exhibit D. The franchisee will negotiate the lease or sublease, including any renewals, amendments, or extensions, which will govern the occupancy and lawful possession of the School's site. The Lease will include the Lease Rider substantially in the form attached to the Agreement as Exhibit D.
The required language in the Lease Rider includes stipulations such as the tenant using the premises only to operate a Big Blue Swim School during the term of the Franchise Agreement. It also states that Big Blue Swim School, or a Franchisee selected by Big Blue Swim School, has the right to receive an assignment of the lease upon transfer, termination, or expiration of the Franchise Agreement. The landlord is obligated to send copies of all default notices and notices of intent to terminate the lease to Big Blue Swim School simultaneously with sending them to the tenant, giving Big Blue Swim School the option to cure any defaults within a specified timeframe.