Does the Big Blue Swim School franchise agreement allow for oral agreements?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
(7) Other than disclosures in our franchise disclosure document, you have not received from us or our affiliates and are not relying upon any representations or guarantees, express or implied, of a BIG BLUE Swim School's potential volume, sales, income, or profits.
(8) You read this Agreement and our franchise disclosure document and understand and accept that this Agreement's terms and covenants are reasonably necessary for us to maintain our high service-quality and product standards (and the uniformity of those standards at each BIG BLUE Swim School) and to protect and preserve the goodwill of the Marks.
(9) You independently investigated the BIG BLUE Swim School franchise opportunity and recognize that the nature of the School's business will evolve and change over time.
(10) Investing in a BIG BLUE Swim School involves business risks that could result in your losing a significant portion or all of your investment.
- (11) Your business abilities and efforts are vital to your success.
(12) We have not made any representation, warranty, or other claim regarding this BIG BLUE Swim School franchise opportunity other than those made in this Agreement and our franchise disclosure document, and you independently evaluated this opportunity.
(13) You had an opportunity to ask questions and to review materials of interest to you concerning the BIG BLUE Swim School franchise opportunity.
(14) You had an opportunity, and we encouraged you, to have an attorney or other professional advisor review this Agreement and all other materials we gave or made available to you.
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 franchise agreement stipulates that franchisees cannot rely on any representations or guarantees about potential volume, sales, income, or profits of a Big Blue Swim School, unless those representations are explicitly disclosed in the franchise disclosure document. This statement implies that any verbal agreements or promises made outside of the official documents are not binding.
Big Blue Swim School emphasizes that franchisees must acknowledge they have read the agreement and the franchise disclosure document, understanding that the terms are necessary to maintain service quality, product standards, and protect the goodwill of the brand. Franchisees also confirm they independently investigated the franchise opportunity and recognize the inherent business risks, which could include losing a significant portion or all of their investment. This acknowledgement reinforces the importance of relying solely on the written documents provided.
Furthermore, the agreement states that Big Blue Swim School has not made any representation, warranty, or other claim regarding the franchise opportunity beyond what is included in the agreement and the franchise disclosure document. Franchisees are expected to have had the opportunity to ask questions and seek professional advice, such as from an attorney, before signing the agreement. This clause is designed to prevent misunderstandings and ensure that all parties are clear about the terms and conditions of the franchise relationship, discouraging reliance on oral agreements.